Scott v Ennis-Oakes [2020] NSWCA 239

The contract was not terminated by the appellants for breach or repudiation but came to an end due to a supervening event (the scheme of arrangement) under Additional Condition 37. By affirming the contract and seeking specific performance, the appellants never accrued a right to loss of bargain damages, so such damages are not recoverable under the contract's termination circumstances.

Jurisdiction: Australia
Judgment Date: 01 October 2020
Procedural Posture: Appeal / Court of Appeal Decision
Outcome: Appeal dismissed
Legal Topics: ['conveyancing' 'rescission' 'specific Performance' 'loss of Bargain Damages' 'repudiation' 'scheme of Arrangement' 'termination of Contract']

['land Law' 'contract Law'] ['conveyancing' 'rescission' 'specific Performance' 'loss of Bargain Damages' 'repudiation' 'scheme of Arrangement' 'termination of Contract']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

1 ['Whether the appellants were entitled to loss of bargain damages upon termination of the contract under Additional Condition 37' 'Whether the contract came to an end due to supervening circumstances or breach' "Whether the appellants preserved their right to loss of bargain damages after the respondent's rescission under AC 37"]

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['Appeal dismissed.' "Order the appellants pay the respondent's costs of the appeal."]