Green v Sommerville [1979] HCA 60

Green v Sommerville [1979] HCA 60

The vendors, by allowing the purchaser into possession and treating the contract as ongoing after the initial default, elected not to rescind for that default. Their subsequent notice did not conform strictly with their contractual rights as it demanded too much. The purchaser was ready and willing to complete and had remedied the default by tendering the balance of the purchase money. The vendors were not entitled to rescind the contract; specific performance was properly ordered.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment of High Court
Outcome
appeal dismissed
Legal Topics
['specific Performance' 'contract Rescission' 'waiver of Rights' 'sale of Land' 'readiness and Willingness' 'interest on Purchase Money']
['contract Law' 'equity' 'property Law'] ['specific Performance' 'contract Rescission' 'waiver of Rights' 'sale of Land' 'readiness and Willingness' 'interest on Purchase Money']

Case Brief

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Procedural Posture

Appeal / Final Judgment of High Court

Legal Issues

  1. 1 ['Whether the vendors validly rescinded the contract for sale of land after allowing the purchaser into possession and not acting promptly on the initial default' 'Whether the purchaser was ready and willing to perform the contract such as to entitle her to specific performance' 'Whether the payment of interest on overdue purchase price was an essential term allowing rescission' 'Whether the notice given by vendors under Clause 16 was effective to permit unilateral rescission']

Ratio Decidendi

The vendors, by allowing the purchaser into possession and treating the contract as ongoing after the initial default, elected not to rescind for that default. Their subsequent notice did not conform strictly with their contractual rights as it demanded too much. The purchaser was ready and willing to complete and had remedied the default by tendering the balance of the purchase money. The vendors were not entitled to rescind the contract; specific performance was properly ordered.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']