Wollondilly Retirement Village Pty Limited v Eid & Anor [2002] NSWSC 598

Wollondilly Retirement Village Pty Limited v Eid & Anor [2002] NSWSC 598

The contract did not reflect the true agreement, which was to convey proposed Lots 1 and 2 of the subdivision of Lot 2, the residue of Lot 1 after sale to Council, and a five-metre strip. Rectification is necessary to correct the contract to give effect to the parties' agreement and remedy the mistake.

Jurisdiction
Australia
Judgment Date
24 June 2002
Procedural Posture
Claim for Rectification of Contract / Final Judgment After Hearing
Outcome
Judgment for the plaintiff; contract to be rectified; indemnity costs ordered against defendants
Legal Topics
['rectification of Contract' 'contractual Mistake' 'land Sale Misdescription']
['equity' 'conveyancing'] ['rectification of Contract' 'contractual Mistake' 'land Sale Misdescription']

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Procedural Posture

Claim for Rectification of Contract / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the written contract should be rectified to include a five-metre strip of land and part of Lot 1 in DP 997846 agreed to be conveyed but omitted by mistake.']

Ratio Decidendi

The contract did not reflect the true agreement, which was to convey proposed Lots 1 and 2 of the subdivision of Lot 2, the residue of Lot 1 after sale to Council, and a five-metre strip. Rectification is necessary to correct the contract to give effect to the parties' agreement and remedy the mistake.

Court Disposition

Judgment for the plaintiff; contract to be rectified; indemnity costs ordered against defendants

Orders

  • ['The contract is to be rectified in accordance with paragraphs 1, 2, 3, and 4 of the amended statement of claim as amended.' "Defendants to pay plaintiff's costs on an indemnity basis."]