Mijalkov v Barbaro [2003] NSWSC 1024

Mijalkov v Barbaro [2003] NSWSC 1024

The defendants' failure to give their surveyor notice of contractual time limits and to take all reasonable steps to secure registration of the subdivision plan rendered their attempted rescission ineffective; plaintiffs, being ready willing and able to complete, are entitled to specific performance.

Jurisdiction
Australia
Judgment Date
07 November 2003
Procedural Posture
Civil / Judgment
Outcome
Specific performance order granted
Legal Topics
['specific Performance' 'sale of Land' 'contractual Rescission']
['equity'] ['specific Performance' 'sale of Land' 'contractual Rescission']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the defendants fulfilled their contractual obligations before rescinding the contract for sale of land' 'Whether the attempted rescission by the defendants was effective given their failure to take all reasonable steps as required by special condition']

Ratio Decidendi

The defendants' failure to give their surveyor notice of contractual time limits and to take all reasonable steps to secure registration of the subdivision plan rendered their attempted rescission ineffective; plaintiffs, being ready willing and able to complete, are entitled to specific performance.

Court Disposition

Specific performance order granted

Orders

  • ['Plaintiffs to bring in short minutes of orders on a date to be fixed']