Zvonko Nenadic v Milan Nenadic; Milan Nenadic v Zvonko Nenadic [2014] NSWSC 317

Zvonko Nenadic v Milan Nenadic; Milan Nenadic v Zvonko Nenadic [2014] NSWSC 317

Although time for completion passed without completion of the Mount Druitt sale, Zvonko Nenadic's solicitor's letter of 24 July 2013 and the emails of 6 September 2013 recognised that the contract remained on foot, and Zvonko never gave Milan any notice terminating the contract. The contract therefore remained on foot and was capable of being settled in accordance with Milan's notice to complete, so Milan was entitled to specific performance and Zvonko was not entitled to specific performance of the default contract.

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Specific Performance Proceedings Concerning Contracts for Sale of Land / Principal Judgment After Hearing
Outcome
Milan Nenadic as plaintiff is entitled to specific performance; Zvonko Nenadic as plaintiff is not entitled to specific performance; Zvonko Nenadic to pay Milan Nenadic's costs.
Legal Topics
['failure to Complete' 'lack of Termination' 'specific Performance' 'sale of Land' 'tenants in Common']
['contracts' 'equity' 'property'] ['failure to Complete' 'lack of Termination' 'specific Performance' 'sale of Land' 'tenants in Common']

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Procedural Posture

Specific Performance Proceedings Concerning Contracts for Sale of Land / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether Milan Nenadic was entitled to specific performance of the agreement for purchase of Zvonko Nenadic's interest in the Mount Druitt property." "Whether Zvonko Nenadic was entitled to specific performance of the default contract allowing him to buy Milan Nenadic's interest if Milan did not complete." 'Whether the contract remained on foot after the time for completion passed without completion and without termination.']

Ratio Decidendi

Although time for completion passed without completion of the Mount Druitt sale, Zvonko Nenadic's solicitor's letter of 24 July 2013 and the emails of 6 September 2013 recognised that the contract remained on foot, and Zvonko never gave Milan any notice terminating the contract. The contract therefore remained on foot and was capable of being settled in accordance with Milan's notice to complete, so Milan was entitled to specific performance and Zvonko was not entitled to specific performance of the default contract.

Court Disposition

Milan Nenadic as plaintiff is entitled to specific performance; Zvonko Nenadic as plaintiff is not entitled to specific performance; Zvonko Nenadic to pay Milan Nenadic's costs.

Orders

  • ['Milan Nenadic as plaintiff is entitled to specific performance.' 'Zvonko Nenadic as plaintiff is not entitled to specific performance.' "Zvonko Nenadic to pay Milan Nenadic's costs." 'Proceedings stood over to 20 March 2014 for short minutes to be brought into Court.']