Pollak v Yapp [2019] NSWCA 150

Pollak v Yapp [2019] NSWCA 150

Special Condition 49 of the contract required the vendors only to replace the lower staircase in accordance with the development approval and to provide an occupation certificate for that work prior to settlement. The vendors were not required to complete all works permitted by the development approval, nor provide a final occupation certificate. The interim occupation certificate provided was sufficient as it authorised occupation of the whole of the property for all areas requiring certification.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['contract Interpretation' 'sale of Land' 'special Conditions in Contracts' 'development Approval' 'occupation Certificates']
['contracts' 'building and Construction'] ['contract Interpretation' 'sale of Land' 'special Conditions in Contracts' 'development Approval' 'occupation Certificates']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether Special Condition 49 of the contract required the vendor to complete all works permitted under the development approval or only specified works' "Whether the provision of an interim occupation certificate satisfied the vendor's obligation to provide an occupation certificate prior to settlement" 'Whether the interim occupation certificate authorised lawful occupation of the entire property or only part (the stairs)']

Ratio Decidendi

Special Condition 49 of the contract required the vendors only to replace the lower staircase in accordance with the development approval and to provide an occupation certificate for that work prior to settlement. The vendors were not required to complete all works permitted by the development approval, nor provide a final occupation certificate. The interim occupation certificate provided was sufficient as it authorised occupation of the whole of the property for all areas requiring certification.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "Appellant to pay respondents' costs."]