Waldon v Rostrevor Estate Limited (In Liquidation) [1926] HCA 29

Waldon v Rostrevor Estate Limited (In Liquidation) [1926] HCA 29

The resale by the company was permitted by the specific terms of the contract, which allowed for resale upon default without prejudice to the vendor’s other remedies. The unreasonable delay by the appellant in satisfying the judgment further disentitled him to equitable relief such as specific performance or damages.

Parties
Appellant: Waldon; Respondents: The Rostrevor Estate Limited (In Liquidation) and Others
Jurisdiction
Australia
Judgment Date
23 September 1926
Procedural Posture
Appeal / On Appeal From the Supreme Court of South Australia
Outcome
appeal dismissed
Legal Topics
Vendor and Purchaser, Contract of Sale, Specific Performance, Damages for Breach, Remedies Upon Default, Resale of Land, Forfeiture of Deposit
Property Law Contracts Vendor and Purchaser Contract of Sale Specific Performance Damages for Breach Remedies Upon Default Resale of Land +1 more

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Parties

Waldon

Appellant

The Rostrevor Estate Limited (In Liquidation) and Others

Respondents

Procedural Posture

Appeal / On Appeal From the Supreme Court of South Australia

Legal Issues

  1. 1 Whether the appellant, after judgment for the purchase-money had been entered against him, is entitled to specific performance or damages for breach of contract following the company's resale of the land.
  2. 2 Whether the resale by the vendor company was valid under the contractual terms permitting resale on default.

Ratio Decidendi

The resale by the company was permitted by the specific terms of the contract, which allowed for resale upon default without prejudice to the vendor’s other remedies. The unreasonable delay by the appellant in satisfying the judgment further disentitled him to equitable relief such as specific performance or damages.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.