Bondi Road Development Pty Ltd v Selected Properties Pty Ltd [2020] NSWSC 845

Bondi Road Development Pty Ltd v Selected Properties Pty Ltd [2020] NSWSC 845

The Settlement Agreement was a contract for sale of land subject to the statutory requirement that vendors serve a land tax certificate at least 14 days prior to completion; as this was not done, the plaintiff was not obliged to complete, rendering the notice of termination invalid and entitling the plaintiff to specific performance.

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Equity Commercial List / Final Orders Following Hearing on Specific Performance
Outcome
Plaintiff granted specific performance; purported termination by defendants declared void.
Legal Topics
['joint Venture Agreements' 'sale of Land' 'specific Performance' 'implied Statutory Terms' 'contractual Remedies']
['land Law' 'contract Law'] ['joint Venture Agreements' 'sale of Land' 'specific Performance' 'implied Statutory Terms' 'contractual Remedies']

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Procedural Posture

Equity Commercial List / Final Orders Following Hearing on Specific Performance

Legal Issues

  1. 1 ['Whether the Settlement Agreement was a contract for sale of land subject to s 52A of the Conveyancing Act 1919 (NSW)' 'Whether statutory terms were implied into the Settlement Agreement concerning land tax certificates' 'Whether notice to complete and notice of termination were effective' 'Whether plaintiff entitled to specific performance of the Settlement Agreement']

Ratio Decidendi

The Settlement Agreement was a contract for sale of land subject to the statutory requirement that vendors serve a land tax certificate at least 14 days prior to completion; as this was not done, the plaintiff was not obliged to complete, rendering the notice of termination invalid and entitling the plaintiff to specific performance.

Court Disposition

Plaintiff granted specific performance; purported termination by defendants declared void.

Orders

  • ['Declare that the plaintiff is entitled to have the Settlement Agreement specifically performed and carried into effect.' 'Order that the defendants specifically perform their obligations under the Settlement Agreement.' "Declare that the defendants' purported Notice of Termination is void and of no effect." 'Order...