MASTERTON HOMES P/L v EXECUTIVE BUILDERS AND DEVELOPERS P/L [2003] NSWSC 908

MASTERTON HOMES P/L v EXECUTIVE BUILDERS AND DEVELOPERS P/L [2003] NSWSC 908

Plaintiff has established a prima facie case that the defendant may not have done everything reasonably necessary to secure registration of the plan within contractually agreed time, making it reasonably arguable that the vendor is not entitled to rescind. The balance of convenience favours granting interlocutory injunction to preserve opportunity for specific performance owing to potential harm to numerous sub-purchasers and absence of conflicting sales by the defendant.

Jurisdiction
Australia
Judgment Date
10 October 2003
Procedural Posture
Interlocutory Application / Interlocutory Injunction Decision
Outcome
interlocutory injunction granted
Legal Topics
['vendor and Purchaser' 'sale Off the Plan' 'rescission' 'specific Performance' 'interlocutory Injunction']
['equity' 'property Law'] ['vendor and Purchaser' 'sale Off the Plan' 'rescission' 'specific Performance' 'interlocutory Injunction']

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

Interlocutory Application / Interlocutory Injunction Decision

Legal Issues

  1. 1 ['Whether the vendor (Executive Builders) is entitled to rescind the contract for sale of land due to failure to register subdivision plan within 12 months' 'Whether the vendor complied with obligation to do whatever is reasonably necessary for registration as required by contractual clause 29.4' 'Whether the purchaser (Masterton Homes) is entitled to an interlocutory injunction restraining rescission']

Ratio Decidendi

Plaintiff has established a prima facie case that the defendant may not have done everything reasonably necessary to secure registration of the plan within contractually agreed time, making it reasonably arguable that the vendor is not entitled to rescind. The balance of convenience favours granting interlocutory injunction to preserve opportunity for specific performance owing to potential harm to numerous sub-purchasers and absence of conflicting sales by the defendant.

Court Disposition

interlocutory injunction granted

Orders

  • ['Interlocutory injunction restraining Executive Builders from rescinding or purporting to rescind the contracts and from entering into conflicting contracts or arrangements for the sale of the 20 lots.' 'Order may be entered forthwith.']