Tran v Bakour [2025] NSWSC 101

Tran v Bakour [2025] NSWSC 101

The plaintiff is ready, willing and able to complete the contract for the sale of land, and there is no admissible or persuasive evidence of hardship that would justify refusal of specific performance. The contract must be specifically performed.

Parties
Plaintiff: Huu Phuc Tran; Defendant: Nada Bakour
Jurisdiction
Australia
Judgment Date
27 February 2025
Procedural Posture
Civil Equity / Judgment After Final Hearing
Outcome
Plaintiff succeeds; specific performance decreed.
Legal Topics
Specific Performance, Contract for Sale of Land, Hardship
Equity Real Property Contracts Specific Performance Contract for Sale of Land Hardship

Case Brief

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Parties

Huu Phuc Tran

Plaintiff

Nada Bakour

Defendant

Procedural Posture

Civil Equity / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the plaintiff is ready, willing and able to complete the contract for sale of land
  2. 2 Whether specific performance should be refused on the grounds of hardship

Ratio Decidendi

The plaintiff is ready, willing and able to complete the contract for the sale of land, and there is no admissible or persuasive evidence of hardship that would justify refusal of specific performance. The contract must be specifically performed.

Court Disposition

Plaintiff succeeds; specific performance decreed.

Orders

  • Declare that the contract for sale and purchase of land between the plaintiff and the defendant dated 6 April 2023 should be specifically performed and carried into execution.
  • Order that the defendant execute all such instruments and do all such things as are necessary to specifically perform the contract and carry the contract into execution within 28 days.