Filmlock Pty Limited v Nissi Investments Pty Limited (No 2) [2013] NSWSC 959

Filmlock Pty Limited v Nissi Investments Pty Limited (No 2) [2013] NSWSC 959

The contract for sale of land was not uncertain despite minor inaccuracies in description; the rights of carriageway and restrictions on use created after the contract were not grounds for objection or rescission, as the purchaser failed to object within the time required by the contract. The purchaser was obliged to complete. The guarantors were liable to indemnify the plaintiffs upon the purchaser's default.

Jurisdiction
Australia
Judgment Date
12 August 2013
Procedural Posture
Civil Proceeding (contract) / Final Judgment After Trial
Outcome
Judgment for the plaintiffs.
Legal Topics
['sale of Land' 'contractual Certainty' 'breach of Contract' 'damages' 'guarantee and Indemnity']
['contract'] ['sale of Land' 'contractual Certainty' 'breach of Contract' 'damages' 'guarantee and Indemnity']

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Procedural Posture

Civil Proceeding (contract) / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the contract for sale of land failed for uncertainty due to minor inaccuracies in the description of the land.' 'Whether there was a defect in title due to rights and restrictions created after contract execution and whether the purchaser was entitled to refuse to complete on this basis.' "Whether the guarantors are liable under the deed of guarantee and indemnity for the purchaser's default."]

Ratio Decidendi

The contract for sale of land was not uncertain despite minor inaccuracies in description; the rights of carriageway and restrictions on use created after the contract were not grounds for objection or rescission, as the purchaser failed to object within the time required by the contract. The purchaser was obliged to complete. The guarantors were liable to indemnify the plaintiffs upon the purchaser's default.

Court Disposition

Judgment for the plaintiffs.

Orders

  • ['Judgment for the plaintiffs against the first defendant in the sum of $5,662,023.' 'Judgment for the plaintiffs against each of the second and third defendants in the sum of $5,799,725.' "Defendants to pay the first and third plaintiffs' costs; court prepared to make a gross fixed sum costs order in due course."...