Wilde v Anstee [1999] NSWSC 612

Wilde v Anstee [1999] NSWSC 612

Plaintiffs were entitled to terminate the contract and forfeit the deposit as the second notice to complete was legally effective, and all conditions precedent including arrangements for land tax clearance had been met; failure to complete by the purchaser after valid notice constituted essential breach authorising rescission and recovery of damages.

Jurisdiction
Australia
Judgment Date
23 June 1999
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiffs
Legal Topics
['conveyancing' 'contract for Sale of Land' 'notice to Complete' 'rescission' 'land Tax']
['real Property' 'equity'] ['conveyancing' 'contract for Sale of Land' 'notice to Complete' 'rescission' 'land Tax']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Validity of notices to complete' 'Effect of land tax charge on notice to complete' 'Compliance with special condition 6 regarding Waterways lease' 'Whether purchaser entitled to reasonable time for completion after registration of plan' 'Content and timing of notice of rescission']

Ratio Decidendi

Plaintiffs were entitled to terminate the contract and forfeit the deposit as the second notice to complete was legally effective, and all conditions precedent including arrangements for land tax clearance had been met; failure to complete by the purchaser after valid notice constituted essential breach authorising rescission and recovery of damages.

Court Disposition

Judgment for plaintiffs

Orders

  • ['Declaration that second notice to complete was effective' 'Declaration that Notice of Rescission was effective to terminate the contract on 29 January 1997' 'Order that second defendant pay the deposit to plaintiffs with accrued interest' 'Order for assessment of damages by the Master' "Dismissal of first...