Fu v Bucasia Pty Ltd [2014] NSWSC 325

Fu v Bucasia Pty Ltd [2014] NSWSC 325

Clause 64 merged on completion and did not survive completion; in the alternative, the purchaser (Mr Fu) was estopped from relying on a different calculation; the proper construction of clause 64 is to apply the measurement indices as specified in the contract, resulting in an area calculation of 59.3m2.

Jurisdiction
Australia
Judgment Date
25 March 2014
Procedural Posture
Principal Judgment / Final Determination—summons Dismissed
Outcome
Summons dismissed
Legal Topics
['torrens System' 'vendor and Purchaser' 'doctrine of Merger' 'estoppel' 'construction of Contract' 'price Adjustment Clause']
['real Property' 'equity' 'contract'] ['torrens System' 'vendor and Purchaser' 'doctrine of Merger' 'estoppel' 'construction of Contract' 'price Adjustment Clause']

Case Brief

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Procedural Posture

Principal Judgment / Final Determination—summons Dismissed

Legal Issues

  1. 1 ['Whether clause 64 (price adjustment clause) merged on completion' 'Whether purchaser (Mr Fu) was estopped from relying on clause 64' 'Proper construction of clause 64']

Ratio Decidendi

Clause 64 merged on completion and did not survive completion; in the alternative, the purchaser (Mr Fu) was estopped from relying on a different calculation; the proper construction of clause 64 is to apply the measurement indices as specified in the contract, resulting in an area calculation of 59.3m2.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed']