Walker v Chanrich Properties Pty Ltd [2003] NSWSC 1064

Walker v Chanrich Properties Pty Ltd [2003] NSWSC 1064

The plaintiffs bore the onus of showing that the failure to register the plan by 21 January 2003 was materially contributed to by the defendants' failure to take all reasonable steps to procure registration as soon as practicable. On the evidence, the alleged delays in survey and linen plans, landscaping approvals, s 73 certificates, and minor survey corrections did not establish any material failure by the defendants. The vendors were therefore entitled to rely on special condition 30(6) to rescind, and the plaintiffs were not entitled to specific performance.

Jurisdiction
Australia
Judgment Date
19 November 2003
Procedural Posture
Purchasers' Suit for Specific Performance / Final Judgment After Hearing
Outcome
Plaintiffs' suit dismissed with costs.
Legal Topics
['rescission' 'off the Plan Contract' 'special Conditions' 'plan Registration' 'reasonable Steps by Vendor' 'specific Performance']
['contract' 'conveyancing' 'equity'] ['rescission' 'off the Plan Contract' 'special Conditions' 'plan Registration' 'reasonable Steps by Vendor' 'specific Performance']

Case Brief

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Procedural Posture

Purchasers' Suit for Specific Performance / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the vendors could rely on special condition 30(6) to justify rescission of the contract after the plan was not registered within 19 months.' "Whether non-registration of the plan by 21 January 2003 was materially contributed to by the defendants' failure to take all reasonable steps to procure its registration as soon as practicable." 'Whether alleged delays concerning survey and linen plans, landscaping, Sydney Water Act certificates, and survey errors showed breach of special condition 30(6).']

Ratio Decidendi

The plaintiffs bore the onus of showing that the failure to register the plan by 21 January 2003 was materially contributed to by the defendants' failure to take all reasonable steps to procure registration as soon as practicable. On the evidence, the alleged delays in survey and linen plans, landscaping approvals, s 73 certificates, and minor survey corrections did not establish any material failure by the defendants. The vendors were therefore entitled to rely on special condition 30(6) to rescind, and the plaintiffs were not entitled to specific performance.

Court Disposition

Plaintiffs' suit dismissed with costs.

Orders

  • ['The proceedings are dismissed with costs.']