Plexvon Neutral Bay Pty Ltd v Lily [2007] NSWSC 423

Plexvon Neutral Bay Pty Ltd v Lily [2007] NSWSC 423

Plaintiff demonstrated entitlement to specific performance, as contract conditions had been met, notice to complete was properly served, and there was no contest from the defendant; interest to be paid according to the contract terms.

Jurisdiction
Australia
Judgment Date
18 April 2007
Procedural Posture
Civil / Ex Parte Trial
Outcome
Specific performance ordered
Legal Topics
['specific Performance' 'sale of Land' 'enforcement by Vendor']
['equity'] ['specific Performance' 'sale of Land' 'enforcement by Vendor']

Case Brief

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Procedural Posture

Civil / Ex Parte Trial

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to specific performance of the contract for the sale of land' 'Whether interest is payable on the outstanding balance of the purchase price']

Ratio Decidendi

Plaintiff demonstrated entitlement to specific performance, as contract conditions had been met, notice to complete was properly served, and there was no contest from the defendant; interest to be paid according to the contract terms.

Court Disposition

Specific performance ordered

Orders

  • ['Orders for specific performance per prayers 1 to 5 in the statement of claim' 'Declaration that plaintiff is entitled to interest at 10% per annum from 12 December 2006 until completion on the outstanding balance of $700,000, calculable on daily rests' 'Proceedings reserved for further consideration' 'Liberty to...