Hanna v Saad [2003] NSWSC 399

Hanna v Saad [2003] NSWSC 399

The plaintiffs failed to prove, on the balance of probabilities, that Mr Saad promised at the meeting at the defendants' solicitor's office to deliver the original Council letter as a contractual term, and also failed to prove that any oral agreement extended the time for completion from 22 May 2002 to 31 May 2002. Without those terms being established, the alleged repudiation was not made out and the summons had to be dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2003
Procedural Posture
Summons Seeking Declarations Concerning Alleged Repudiation of a Contract for Sale of Land / Hearing in the Equity Division
Outcome
Summons dismissed with costs
Legal Topics
['contract for Sale of Land' 'alleged Oral Contractual Term' 'development Consent Documents' 'alleged Extension of Time for Completion' 'repudiation' 'onus of Proof']
['conveyancing' 'contract Law' 'equity'] ['contract for Sale of Land' 'alleged Oral Contractual Term' 'development Consent Documents' 'alleged Extension of Time for Completion' 'repudiation' 'onus of Proof']

Case Brief

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Procedural Posture

Summons Seeking Declarations Concerning Alleged Repudiation of a Contract for Sale of Land / Hearing in the Equity Division

Legal Issues

  1. 1 ['Whether the contract for sale of land was supplemented by an oral term requiring the defendants to deliver the original Bankstown City Council letter dated 12 October 2001 before completion.' 'Whether the parties orally agreed on 22 May 2002 to extend the time for completion until 31 May 2002.' 'Whether the defendants repudiated the contract by stating that they would not complete on 31 May 2002.']

Ratio Decidendi

The plaintiffs failed to prove, on the balance of probabilities, that Mr Saad promised at the meeting at the defendants' solicitor's office to deliver the original Council letter as a contractual term, and also failed to prove that any oral agreement extended the time for completion from 22 May 2002 to 31 May 2002. Without those terms being established, the alleged repudiation was not made out and the summons had to be dismissed.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed with costs']