Saffron Sun Pty Ltd v Perma-Fit Finance Pty Ltd [2003] NSWSC 1152

Saffron Sun Pty Ltd v Perma-Fit Finance Pty Ltd [2003] NSWSC 1152

The plaintiff was entitled to specific performance because it established it was ready, willing and able to perform the contract, the defendant did not attend or oppose, and no defence was substantiated except the assertion that the contract was 'uncommercial', which did not preclude enforcement.

Parties
Plaintiff: Saffron Sun Pty Ltd; Defendant: Perma-Fit Finance Pty Ltd (Admin Appointed)
Jurisdiction
Australia
Judgment Date
25 November 2003
Procedural Posture
Equity Specific Performance of Sale of Land / Hearing of Claim for Specific Performance; Claim for Damages Stood Over
Outcome
Specific performance granted.
Legal Topics
Specific Performance, Sale of Land, Enforcement by Purchaser
Equity Specific Performance Sale of Land Enforcement by Purchaser

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Parties

Saffron Sun Pty Ltd

Plaintiff

Perma-Fit Finance Pty Ltd (Admin Appointed)

Defendant

Procedural Posture

Equity Specific Performance of Sale of Land / Hearing of Claim for Specific Performance; Claim for Damages Stood Over

Legal Issues

  1. 1 Whether the plaintiff is entitled to specific performance of the contract for sale of land

Ratio Decidendi

The plaintiff was entitled to specific performance because it established it was ready, willing and able to perform the contract, the defendant did not attend or oppose, and no defence was substantiated except the assertion that the contract was 'uncommercial', which did not preclude enforcement.

Court Disposition

Specific performance granted.

Orders

  • Specific performance of the contract for sale of land granted in favour of the plaintiff as per the draft orders laid before the court.