Corder v Olsen [2003] NSWSC 1201

Corder v Olsen [2003] NSWSC 1201

The plaintiff was entitled to specific performance because he proved the contract for sale, payment of the deposit, availability of funds for the balance, service and non-compliance with a notice to complete, due service of the summons, and that he was ready, willing and able to perform his remaining obligations under the contract.

Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Proceedings for Specific Performance of a Contract for Sale of Land / Hearing of Summons in Defendant's Absence
Outcome
Specific performance ordered.
Legal Topics
['specific Performance' 'sale of Land' 'ready, Willing and Able Purchaser' 'notice to Complete' 'service of Summons']
['equity' 'property Law' 'contract Law'] ['specific Performance' 'sale of Land' 'ready, Willing and Able Purchaser' 'notice to Complete' 'service of Summons']

Case Brief

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Procedural Posture

Proceedings for Specific Performance of a Contract for Sale of Land / Hearing of Summons in Defendant's Absence

Legal Issues

  1. 1 ['Whether the plaintiff purchaser was entitled to an order for specific performance of the contract for sale of land.' 'Whether the summons was duly served on the defendant notwithstanding the form of the affidavit of service.' 'Whether the plaintiff was ready, willing and able to carry out the contract on his part.']

Ratio Decidendi

The plaintiff was entitled to specific performance because he proved the contract for sale, payment of the deposit, availability of funds for the balance, service and non-compliance with a notice to complete, due service of the summons, and that he was ready, willing and able to perform his remaining obligations under the contract.

Court Disposition

Specific performance ordered.

Orders

  • ['Orders in terms of prayers 1, 2 and 3 in the summons.' "Liberty to apply on three days' notice." "The defendant pay the plaintiff's costs of the proceedings." 'Orders entered forthwith.']