Thi Tuoi Vu & Anor v Ngoc Bich Nguyen & Anor [2011] NSWSC 1369

Thi Tuoi Vu & Anor v Ngoc Bich Nguyen & Anor [2011] NSWSC 1369

The Court found that an oral contract for the sale of the business at 132 Queen Street existed between Ms Vu and Mrs Nguyen, with Mr Nguyen's involvement, for $150,000, partly evidenced by payments and surrounding circumstances constituting part performance. Although the full deposit was not paid, the contract could be specifically performed, subject to further argument on the relief to be granted.

Jurisdiction
Australia
Judgment Date
11 November 2011
Procedural Posture
Equity Specific Performance / Principal Judgment After Expedited Trial
Outcome
Agreement for sale of business established. Specific performance of contract decreed, with terms of relief to be settled following further submissions.
Legal Topics
['specific Performance' 'sale of Business' 'certainty of Contract' 'part Performance']
['equity'] ['specific Performance' 'sale of Business' 'certainty of Contract' 'part Performance']

Case Brief

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Procedural Posture

Equity Specific Performance / Principal Judgment After Expedited Trial

Legal Issues

  1. 1 ['Whether an agreement was made for the sale of a bread shop business' 'Whether the terms of the contract were sufficiently certain' 'Whether the agreement can be specifically performed' 'Whether the part payment of deposit affects relief']

Ratio Decidendi

The Court found that an oral contract for the sale of the business at 132 Queen Street existed between Ms Vu and Mrs Nguyen, with Mr Nguyen's involvement, for $150,000, partly evidenced by payments and surrounding circumstances constituting part performance. Although the full deposit was not paid, the contract could be specifically performed, subject to further argument on the relief to be granted.

Court Disposition

Agreement for sale of business established. Specific performance of contract decreed, with terms of relief to be settled following further submissions.

Orders

  • ['Declaration that a contract for the sale of the business exists.' 'Orders for specific performance to be moulded after hearing further argument about relief.' 'Parties to file proposed short minutes of order by 5.00pm on 18 November 2011.' 'Money claims and cross-claims reserved for further consideration.']