(High Court of Australia) Dixon J said: ‘Specific performance is inapplicable when the continued supervision of the Court is necessary in order to ensure the fulfilment of the contract.’
Judges:
Dixon J
Citations:
(1931) 45 CLR 282
Links:
Cited by:
Cited – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Commonwealth
Updated: 01 May 2022; Ref: scu.247891
