McIntyre v Marshall [2004] NSWSC 412

McIntyre v Marshall [2004] NSWSC 412

The vendor was not free of default when the second notice to complete was served, as he had failed to answer requisitions accurately or within a reasonable time. The antecedent breach remained relevant, so the vendor was not entitled to issue the notice to complete or terminate the contract. The plaintiff demonstrated readiness, willingness, and ability to complete, and is entitled to a declaration of a binding contract and specific performance.

Parties
Plaintiff: Ian Gregory McIntyre; Defendant: Neville Noel Marshall
Jurisdiction
Australia
Judgment Date
17 May 2004
Procedural Posture
Contract Sale of Land / Judgment
Outcome
Declaration that a binding contract existed and specific performance
Legal Topics
Notice to Complete, Antecedent Breach, Requisitions on Title, Specific Performance, Repudiation, Capacity to Finance Purchase
Conveyancing Contract Law Notice to Complete Antecedent Breach Requisitions on Title Specific Performance Repudiation Capacity to Finance Purchase

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ian Gregory McIntyre

Plaintiff

Neville Noel Marshall

Defendant

Procedural Posture

Contract Sale of Land / Judgment

Legal Issues

  1. 1 Whether vendor was free of default when issuing notice to complete
  2. 2 Whether inaccurate answers to requisitions constituted a breach/relevant delay
  3. 3 Whether purchaser was entitled to issue further requisitions within 21 days

Ratio Decidendi

The vendor was not free of default when the second notice to complete was served, as he had failed to answer requisitions accurately or within a reasonable time. The antecedent breach remained relevant, so the vendor was not entitled to issue the notice to complete or terminate the contract. The plaintiff demonstrated readiness, willingness, and ability to complete, and is entitled to a declaration of a binding contract and specific performance.

Court Disposition

Declaration that a binding contract existed and specific performance

Orders

  • Plaintiff entitled to declaration of binding and enforceable agreement
  • Plaintiff entitled to specific performance of the agreement