Bedroff Pty Ltd v Rennie [2002] NSWSC 928

Bedroff Pty Ltd v Rennie [2002] NSWSC 928

Special condition 4 was not solely for the benefit of the purchaser and could not be unilaterally waived. The vendor did not unequivocally waive her rights or create an estoppel. The correct completion date was 26 July 2002. The notice to complete was given prematurely and was therefore ineffective, and so the purported termination by the vendor was invalid. The purchaser was consequently entitled to specific performance, subject to payment of contractual interest from 26 July 2002 on the purchase price.

Parties
Plaintiff: Bedroff Pty Limited; Defendant: Marlene Joyce Rennie
Jurisdiction
Australia
Judgment Date
22 October 2002
Procedural Posture
Specific Performance Suit / Final Hearing and Judgment
Outcome
Specific performance ordered in favour of the purchaser. Vendor's purported termination was declared ineffective.
Legal Topics
Specific Performance, Waiver of Contract Conditions, Completion of Contract, Stamp Duty, Notices to Complete
Conveyancing Equity Specific Performance Waiver of Contract Conditions Completion of Contract Stamp Duty Notices to Complete

Case Brief

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Parties

Bedroff Pty Limited

Plaintiff

Marlene Joyce Rennie

Defendant

Procedural Posture

Specific Performance Suit / Final Hearing and Judgment

Legal Issues

  1. 1 Whether special condition 4 of the contract could be unilaterally waived by the purchaser
  2. 2 Whether the vendor had waived her rights under special condition 4 or was estopped from objecting to waiver
  3. 3 What was the contractual completion date

Ratio Decidendi

Special condition 4 was not solely for the benefit of the purchaser and could not be unilaterally waived. The vendor did not unequivocally waive her rights or create an estoppel. The correct completion date was 26 July 2002. The notice to complete was given prematurely and was therefore ineffective, and so the purported termination by the vendor was invalid. The purchaser was consequently entitled to specific performance, subject to payment of contractual interest from 26 July 2002 on the purchase price.

Court Disposition

Specific performance ordered in favour of the purchaser. Vendor's purported termination was declared ineffective.

Orders

  • Declaration that the contract is still on foot.
  • Order for specific performance of the contract.