Al Maha Pty Limited v Coplin [2018] NSWSC 1623

Al Maha Pty Limited v Coplin [2018] NSWSC 1623

The option was validly exercised when notice and documents were delivered to the conveyancer named in the contract, despite that conveyancer no longer acting for the vendor, because a reasonable businessperson would interpret the contract and associated agreement as allowing exercise by service on the named conveyancer absent formal written notice of change. Specific performance follows, with a set off of $235,000 in costs owing to the purchaser against the purchase price.

Parties
First Plaintiff: Al Maha Pty Ltd ABN 71118230087; Second Plaintiff: Sophia Norma Bechara; Defendant: Iraklis Gary Coplin
Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Construction Summons (equity Real Property) / Final Judgment
Outcome
Option validly exercised; specific performance ordered; cross summons dismissed; set off of costs against purchase price; funds in court to be paid out to defendant; costs to plaintiffs.
Legal Topics
Options in Conveyancing, Specific Performance, Legal Construction of Contract, Notice Requirements, Set Off of Legal Costs
Land Law Equity Options in Conveyancing Specific Performance Legal Construction of Contract Notice Requirements Set Off of Legal Costs

Case Brief

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Parties

Al Maha Pty Ltd ABN 71118230087

First Plaintiff

Sophia Norma Bechara

Second Plaintiff

Iraklis Gary Coplin

Defendant

Procedural Posture

Construction Summons (equity Real Property) / Final Judgment

Legal Issues

  1. 1 Whether the option to purchase land was validly exercised by service of notice on conveyancer no longer retained by the vendor
  2. 2 Whether specific performance should be ordered
  3. 3 Whether costs owing by vendor can be set off against purchase price

Ratio Decidendi

The option was validly exercised when notice and documents were delivered to the conveyancer named in the contract, despite that conveyancer no longer acting for the vendor, because a reasonable businessperson would interpret the contract and associated agreement as allowing exercise by service on the named conveyancer absent formal written notice of change. Specific performance follows, with a set off of $235,000 in costs owing to the purchaser against the purchase price.

Court Disposition

Option validly exercised; specific performance ordered; cross summons dismissed; set off of costs against purchase price; funds in court to be paid out to defendant; costs to plaintiffs.

Orders

  • Declaration that the option was validly exercised by the plaintiffs.
  • Order for specific performance of contract, conditional on payment of $110,000 deposit to defendant's current solicitor within seven days as 'depositholder' and 'stakeholder'.