Tanwar v Cauchi [2002] NSWCA 35

Tanwar v Cauchi [2002] NSWCA 35

Allegations of unconscionable conduct by the vendors could not be supported; the breach by the purchaser was significant in the commercial context and not merely trivial or inadvertent. The vendors acted within a history of extensions and negotiation, and no exceptional circumstances existed to justify equitable relief against forfeiture of their rescission and enforcement of contractual rights. Relief is available for part payments exceeding the deposit, but not otherwise.

Jurisdiction
Australia
Judgment Date
15 March 2002
Procedural Posture
Appeal / Judgment of NSW Court of Appeal on Appeal From Supreme Court Equity Division
Outcome
Appeal dismissed with costs
Legal Topics
['rescission' 'forfeiture' 'unconscionable Conduct' 'specific Performance' 'exceptional Circumstances']
['equity' 'property Law'] ['rescission' 'forfeiture' 'unconscionable Conduct' 'specific Performance' 'exceptional Circumstances']

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Procedural Posture

Appeal / Judgment of NSW Court of Appeal on Appeal From Supreme Court Equity Division

Legal Issues

  1. 1 ['Whether the vendors acted unconscionably in rescinding the contract and forfeiting monies paid on late completion' 'Whether relief against forfeiture should be granted to the purchaser for failure to complete on time under an agreement making time of the essence' 'Whether part payments above the conventional deposit should be refundable to the purchaser']

Ratio Decidendi

Allegations of unconscionable conduct by the vendors could not be supported; the breach by the purchaser was significant in the commercial context and not merely trivial or inadvertent. The vendors acted within a history of extensions and negotiation, and no exceptional circumstances existed to justify equitable relief against forfeiture of their rescission and enforcement of contractual rights. Relief is available for part payments exceeding the deposit, but not otherwise.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs.']