Forster v Harvey [2006] NSWSC 1113

Forster v Harvey [2006] NSWSC 1113

On the plaintiffs' uncontradicted evidence there was a contract for sale of land, the deposit had been paid, the plaintiffs were ready, willing and able to complete, and damages were inadequate. The defendant did not appear and the pleaded fraud allegation did not answer the claim. Specific performance and indemnity costs were therefore ordered.

Jurisdiction
Australia
Judgment Date
09 October 2006
Procedural Posture
Purchasers' Suit for Specific Performance in Respect of a Contract for Sale of Land / Trial; Ex Tempore Judgment After Defendant Did Not Appear
Outcome
Defendant ordered to complete specific performance of the contract for sale of land and to pay costs on the indemnity basis.
Legal Topics
['specific Performance' 'sale of Land' 'torrens System Land' 'deposit Paid' 'readiness and Willingness to Complete' 'adequacy of Damages' 'indemnity Costs']
['equity' 'property Law' 'contract Law' 'civil Procedure'] ['specific Performance' 'sale of Land' 'torrens System Land' 'deposit Paid' 'readiness and Willingness to Complete' 'adequacy of Damages' 'indemnity Costs']

Case Brief

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Procedural Posture

Purchasers' Suit for Specific Performance in Respect of a Contract for Sale of Land / Trial; Ex Tempore Judgment After Defendant Did Not Appear

Legal Issues

  1. 1 ['Whether the plaintiffs were entitled to specific performance of the contract for sale of 14 Court Road, Double Bay.' "Whether the defendant's pleaded reliance on the Contracts Review Act 1980 prevented relief." 'Whether costs should be ordered on the indemnity basis.']

Ratio Decidendi

On the plaintiffs' uncontradicted evidence there was a contract for sale of land, the deposit had been paid, the plaintiffs were ready, willing and able to complete, and damages were inadequate. The defendant did not appear and the pleaded fraud allegation did not answer the claim. Specific performance and indemnity costs were therefore ordered.

Court Disposition

Defendant ordered to complete specific performance of the contract for sale of land and to pay costs on the indemnity basis.

Orders

  • ['The defendant is required to settle the purchase on 1 December 2006.' "The plaintiffs, on or before 23 November 2006, are to post to the defendant's last-known address a settlement sheet showing the amounts necessary in the plaintiffs' opinion to complete the conveyancing matter and details of any deductions they...