Charitou v The Owners of Strata Plan 10394 [2015] NSWSC 1059

Charitou v The Owners of Strata Plan 10394 [2015] NSWSC 1059

The application failed because there was insufficient contemporaneous evidence of common, mutual, or unilateral mistake at the time of execution of the deed to render it void; the evidence did not establish any relevant mistake and both parties were legally advised and of full capacity.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Motion / Motion Dismissed, Proceedings Adjourned for Possible Settlement
Outcome
Motion dismissed; costs awarded to defendant; proceedings adjourned for settlement discussion
Legal Topics
['deeds' 'deed of Settlement' 'common Mistake' 'mutual Mistake' 'unilateral Mistake' 'void Agreements']
['contract'] ['deeds' 'deed of Settlement' 'common Mistake' 'mutual Mistake' 'unilateral Mistake' 'void Agreements']

Case Brief

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Procedural Posture

Motion / Motion Dismissed, Proceedings Adjourned for Possible Settlement

Legal Issues

  1. 1 ['Whether the deed of settlement is void and of no force and effect based on doctrines of mistake' 'Whether Court should set aside the deed and require execution of an amended deed']

Ratio Decidendi

The application failed because there was insufficient contemporaneous evidence of common, mutual, or unilateral mistake at the time of execution of the deed to render it void; the evidence did not establish any relevant mistake and both parties were legally advised and of full capacity.

Court Disposition

Motion dismissed; costs awarded to defendant; proceedings adjourned for settlement discussion

Orders

  • ['Motion dismissed' "Plaintiff to pay defendant's costs of the motion, including all incidental costs" "Proceedings adjourned to Registrar's list at 9am, Monday, 31 August 2015" 'Liberty to approach Registrar before 28 August 2015 to file final terms of settlement and vacate the listing']