Hillam v Leduva Pty Limited [2010] NSWSC 1360

Hillam v Leduva Pty Limited [2010] NSWSC 1360

The January 2008 contract for sale as varied by the June 2010 agreement was not validly terminated. Specific performance is granted as the plaintiff is ready, willing, and able to complete. Relief against forfeiture is granted and the possession orders are stayed, as the contract's objects remain attainable and defendant did not serve requisite notice to complete or termination.

Jurisdiction
Australia
Procedural Posture
Equity Contract for Sale of Land; Claim for Specific Performance and Relief Against Forfeiture / Principal Judgment on Final Hearing
Outcome
Specific performance granted; relief against forfeiture granted; possession orders stayed; parties to prepare draft orders; costs reserved pending submissions.
Legal Topics
['specific Performance' 'relief Against Forfeiture' 'sale of Land' 'variation of Contract' 'possession Proceedings' 'consent Judgment']
['equity' 'contracts' 'property'] ['specific Performance' 'relief Against Forfeiture' 'sale of Land' 'variation of Contract' 'possession Proceedings' 'consent Judgment']

Case Brief

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Procedural Posture

Equity Contract for Sale of Land; Claim for Specific Performance and Relief Against Forfeiture / Principal Judgment on Final Hearing

Legal Issues

  1. 1 ['Is the plaintiff entitled to relief against forfeiture of his interest in possession of the property?' 'Is the plaintiff entitled to set aside the consent orders entered in the possession proceedings?' 'Is the plaintiff entitled to specific performance of the contract for sale as varied by the compromise agreement?' 'Was the contract still on foot after entry of judgment in possession proceedings?' 'Did the defendant validly terminate the contract after 25 July 2010?' 'Was the plaintiff ready, willing and able to complete the contract?']

Ratio Decidendi

The January 2008 contract for sale as varied by the June 2010 agreement was not validly terminated. Specific performance is granted as the plaintiff is ready, willing, and able to complete. Relief against forfeiture is granted and the possession orders are stayed, as the contract's objects remain attainable and defendant did not serve requisite notice to complete or termination.

Court Disposition

Specific performance granted; relief against forfeiture granted; possession orders stayed; parties to prepare draft orders; costs reserved pending submissions.

Orders

  • ['Direct parties to bring in short minutes of order to give effect to reasons.' 'Direct parties to file and exchange submissions on costs by 31 January 2011.' 'Grant liberty to apply.' 'Stay operation of possession orders until completion of sale.' 'Decree of specific performance of 8 January 2008 contract as varied...