NWA Realty Pty Ltd v Christou [2019] NSWSC 1364

NWA Realty Pty Ltd v Christou [2019] NSWSC 1364

The plaintiff's email and conduct did not constitute a counter-offer or rejection of the defendants' offer; the offer remained open until 23 August 2019 and the plaintiff validly accepted it. The defendants' refusal to proceed to exchange contracts was unjustified, entitling the plaintiff to specific performance.

Jurisdiction
Australia
Judgment Date
10 October 2019
Procedural Posture
Principal Judgment / Final Judgment at First Instance
Outcome
Order for specific performance granted in favour of the plaintiff.
Legal Topics
['formation of Contract' 'first Right of Refusal' 'offer and Acceptance' 'specific Performance']
['equity' 'contracts'] ['formation of Contract' 'first Right of Refusal' 'offer and Acceptance' 'specific Performance']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the plaintiff's conduct amounted to a rejection or counter-offer such that the original offer was no longer available for acceptance" 'Whether an order for specific performance should be made requiring defendants to enter into a contract for sale']

Ratio Decidendi

The plaintiff's email and conduct did not constitute a counter-offer or rejection of the defendants' offer; the offer remained open until 23 August 2019 and the plaintiff validly accepted it. The defendants' refusal to proceed to exchange contracts was unjustified, entitling the plaintiff to specific performance.

Court Disposition

Order for specific performance granted in favour of the plaintiff.

Orders

  • ['Defendants required to enter into a contract for the sale of the property to the plaintiff on the terms of the offer made on 9 August 2019.' "Defendants to pay the plaintiff's costs of the proceedings."]