Rylands v. Murphy [1997] IEHC 151 (29th August, 1997)

Rylands v. Murphy [1997] IEHC 151 (29th August, 1997)

Defendant has not served notice limiting time for completion; therefore, even if Plaintiff delayed, Defendant is not entitled to terminate contract or set aside specific performance order. Plaintiff's motion for attachment and committal refused as no order requiring completion was made; alternative relief granted by directing Defendant to complete sale by specified date, failing which Plaintiff's solicitor will convey property upon payment into court.

Citation
[1997] IEHC 151
Parties
Purchaser: Plaintiff; Vendor: Defendant
Jurisdiction
Ireland
Procedural Posture
Specific Performance Action / Post Judgment Motions
Outcome
Defendant's motion to set aside specific performance order refused; Plaintiff's motion for attachment and committal refused; alternative relief granted.
Legal Topics
Specific Performance, Sale of Land, Remedies for Breach, Interest on Purchase Money
Property Law Contract Law Specific Performance Sale of Land Remedies for Breach Interest on Purchase Money

Case Brief

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Parties

Plaintiff

Purchaser

Defendant

Vendor

Procedural Posture

Specific Performance Action / Post Judgment Motions

Legal Issues

  1. 1 Whether the Defendant is entitled to set aside the order for specific performance
  2. 2 Whether the Plaintiff is entitled to attachment and committal of the Defendant
  3. 3 Whether the Court should appoint a person to convey the property under the Trustee Act, 1893

Ratio Decidendi

Defendant has not served notice limiting time for completion; therefore, even if Plaintiff delayed, Defendant is not entitled to terminate contract or set aside specific performance order. Plaintiff's motion for attachment and committal refused as no order requiring completion was made; alternative relief granted by directing Defendant to complete sale by specified date, failing which Plaintiff's solicitor will convey property upon payment into court.

Court Disposition

Defendant's motion to set aside specific performance order refused; Plaintiff's motion for attachment and committal refused; alternative relief granted.

Orders

  • Defendant directed to complete sale and execute conveyance by 12th September 1997 to sub-purchaser nominated by Plaintiff.
  • If Defendant fails, Plaintiff may lodge £95,000 in Court and Plaintiff's solicitor appointed to convey property in Defendant's name.