Tohme v Q & A [2009] NSWSC 176

Tohme v Q & A [2009] NSWSC 176

The plaintiffs are entitled to specific performance because they have established they are ready, willing and able to complete, and it was not necessary for time to be of the essence to grant specific performance; the defendants' inability to discharge the mortgage was not proved.

Jurisdiction
Australia
Judgment Date
19 March 2009
Procedural Posture
Civil / Hearing and Judgment
Outcome
Plaintiffs' claim for specific performance granted.
Legal Topics
['specific Performance' 'contract for Sale of Land' 'time of the Essence']
['equity'] ['specific Performance' 'contract for Sale of Land' 'time of the Essence']

Case Brief

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Procedural Posture

Civil / Hearing and Judgment

Legal Issues

  1. 1 ['Whether specific performance of the contract for sale of land should be ordered' 'Whether it was necessary for time to be of the essence to ground specific performance' 'Whether the plaintiffs were ready, willing and able to complete']

Ratio Decidendi

The plaintiffs are entitled to specific performance because they have established they are ready, willing and able to complete, and it was not necessary for time to be of the essence to grant specific performance; the defendants' inability to discharge the mortgage was not proved.

Court Disposition

Plaintiffs' claim for specific performance granted.

Orders

  • ['Defendants to specifically perform the contract for sale of Unit 8/157-161 Kissing Point Road, Dundas.' "Defendants to pay the plaintiffs' costs." 'Liberty to apply reserved.']