Coles Supermarkets Australia Pty Ltd v FKP Limited [2011] FCA 266

Coles Supermarkets Australia Pty Ltd v FKP Limited [2011] FCA 266

The Court held it appropriate to make the replacement orders, vacating the specific performance order only upon registration of transfer, given the parties' consent, the commercial resolution, and the procedural correctness of the application.

Jurisdiction
Australia
Judgment Date
24 March 2011
Procedural Posture
Civil / Post Judgment; Application to Vacate/amend Specific Performance Order
Outcome
Replacement orders made by consent; specific performance order to be vacated upon registration of transfer; no order as to costs.
Legal Topics
['specific Performance' 'variation of Orders' 'sale of Land' 'discharge of Contract' 'trade Practices Act' 'procedural Requirements']
['contract Law' 'equity'] ['specific Performance' 'variation of Orders' 'sale of Land' 'discharge of Contract' 'trade Practices Act' 'procedural Requirements']

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Procedural Posture

Civil / Post Judgment; Application to Vacate/amend Specific Performance Order

Legal Issues

  1. 1 ['Whether the Court should vacate or vary the specific performance order upon request of the parties and registration of transfer of the property' 'Whether the procedure for discharge or variation of a specific performance order was properly followed']

Ratio Decidendi

The Court held it appropriate to make the replacement orders, vacating the specific performance order only upon registration of transfer, given the parties' consent, the commercial resolution, and the procedural correctness of the application.

Court Disposition

Replacement orders made by consent; specific performance order to be vacated upon registration of transfer; no order as to costs.

Orders

  • ['Upon registration of transfer of the land described in Certificates of Title Volume 11006 Folio 407 and Volume 10118 Folios 556 and 557 in favour of Coles Group Property Developments Limited pursuant to the Contract of Sale dated 23 December 2010, paragraph 3 of the Orders of the Court made on 19 February 2009 be...