Cannavo v FCD (Holdings) P/L & 4 Ors [2000] NSWSC 304

Cannavo v FCD (Holdings) P/L & 4 Ors [2000] NSWSC 304

Specific performance is unavailable where a contract involves a non-severable appointment to a managerial position and ongoing joint venture obligations, especially if relations have broken down and the plaintiff demonstrates unwillingness to perform except on an erroneous interpretation of contractual control rights. No serious question arises to support interlocutory relief.

Jurisdiction
Australia
Judgment Date
10 April 2000
Procedural Posture
Equity / Interlocutory Application
Outcome
Application for interlocutory relief dismissed
Legal Topics
['specific Performance' 'interlocutory Injunctions' 'repudiation' 'personal Service Contracts' 'joint Venture' 'corporate Appointments']
['equity' 'contract Law'] ['specific Performance' 'interlocutory Injunctions' 'repudiation' 'personal Service Contracts' 'joint Venture' 'corporate Appointments']

Case Brief

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Procedural Posture

Equity / Interlocutory Application

Legal Issues

  1. 1 ['Whether specific performance could be granted for contract involving appointment as managing director and share allotment' 'Whether interlocutory injunction should issue to maintain status quo pending final hearing' 'Whether plaintiff was ready and willing to perform agreement' 'Whether agreement was repudiated']

Ratio Decidendi

Specific performance is unavailable where a contract involves a non-severable appointment to a managerial position and ongoing joint venture obligations, especially if relations have broken down and the plaintiff demonstrates unwillingness to perform except on an erroneous interpretation of contractual control rights. No serious question arises to support interlocutory relief.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['Application for interlocutory injunction fails' "Plaintiff to pay defendants' costs; parties to address and formalise cost orders"]