Hocana Pty Ltd v Jamsapi Pty Ltd [2007] NSWSC 928

Hocana Pty Ltd v Jamsapi Pty Ltd [2007] NSWSC 928

The contract was abandoned by mutual silence of the parties between December 2006 and August 2007, thus it could not form the basis of a caveat and the caveat must be removed.

Parties
Plaintiff: Hocana Pty Ltd; Defendant: Jamsapi Pty Ltd
Jurisdiction
Australia
Judgment Date
20 August 2007
Procedural Posture
Application Under Section 74 MA of the Real Property Act 1900 / Ex Tempore Judgment
Outcome
Order that caveat be removed from subject property; costs awarded to plaintiff; cross-claim dismissed.
Legal Topics
Vendor and Purchaser, Breach of Contract, Remedies of Vendor, Termination of Contract, Caveat Removal, Abandonment by Mutual Silence
Conveyancing Vendor and Purchaser Breach of Contract Remedies of Vendor Termination of Contract Caveat Removal Abandonment by Mutual Silence

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Parties

Hocana Pty Ltd

Plaintiff

Jamsapi Pty Ltd

Defendant

Procedural Posture

Application Under Section 74 MA of the Real Property Act 1900 / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the contract for sale was still on foot or had been abandoned
  2. 2 Whether the caveat lodged by the defendant was valid

Ratio Decidendi

The contract was abandoned by mutual silence of the parties between December 2006 and August 2007, thus it could not form the basis of a caveat and the caveat must be removed.

Court Disposition

Order that caveat be removed from subject property; costs awarded to plaintiff; cross-claim dismissed.

Orders

  • Caveat AD 331216 to be removed from the title of 'Hopewood', 6 Centennial Road, Bowral, no later than 10am on 24 August 2007.
  • Defendant to pay plaintiff's costs of the proceedings.