Alexakis v Wan [2021] NSWCA 172

Alexakis v Wan [2021] NSWCA 172

Clause 21.5 did not extend the time for payment of the second instalment of the deposit from Sunday 4 August 2019 to Monday 5 August 2019 because the exception "in the case of clause 2" applied to time limits for payment of the deposit made essential by clause 2, including time limits fixed by another clause and incorporated by reference. The appellant failed to pay the second instalment on time, the respondents validly terminated, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Appeal Concerning Construction of a Contract for Sale and Purchase of Land and Claim for Specific Performance / Appeal From the Supreme Court of New South Wales, Equity Division, Decision [2021] NSWSC 367
Outcome
Appeal dismissed with costs.
Legal Topics
['construction of Contract for Sale of Land' 'payment of Deposit by Instalments' 'essential Time Stipulations' 'extension of Time to Next Business Day' 'termination for Failure to Pay Deposit' 'specific Performance']
['contract Law' 'property Law'] ['construction of Contract for Sale of Land' 'payment of Deposit by Instalments' 'essential Time Stipulations' 'extension of Time to Next Business Day' 'termination for Failure to Pay Deposit' 'specific Performance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Construction of a Contract for Sale and Purchase of Land and Claim for Specific Performance / Appeal From the Supreme Court of New South Wales, Equity Division, Decision [2021] NSWSC 367

Legal Issues

  1. 1 ['Whether clause 21.5 of the 2018 edition Law Society of New South Wales standard form contract extended the time for payment of the second instalment of the deposit to the next business day because 4 August 2019 was a Sunday.' 'Whether the exception to clause 21.5 "in the case of clauses 2 and 3.2" applied where clause 2.3 made the time for payment of a later deposit instalment essential, although the date was fixed by additional clause 38.']

Ratio Decidendi

Clause 21.5 did not extend the time for payment of the second instalment of the deposit from Sunday 4 August 2019 to Monday 5 August 2019 because the exception "in the case of clause 2" applied to time limits for payment of the deposit made essential by clause 2, including time limits fixed by another clause and incorporated by reference. The appellant failed to pay the second instalment on time, the respondents validly terminated, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Dismiss the appeal with costs.']