References: (2003) 217 CLR 315, [2003] HCA 57
Links: Austlii
Coram: Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
High Court of Australia – Vendor and purchaser – Contracts for sale of land – Default by purchaser – Notice of termination – Supplemental deed requiring completion by stipulated date – Time of essence – Default by purchaser – Notice of termination – Purchase price available following day – Specific performance – Whether unconscientious for vendors to exercise right of termination – Whether relief on the ground of ‘accident’ available in face of essential time stipulation.
Equity – Relief against forfeiture – Contracts for sale of land – Default by purchaser – Whether unconscientious for vendors to exercise right of termination – Whether default occasioned by ‘accident’ – Whether relief on the ground of ‘accident’ available in face of essential time stipulation.
This case is cited by:
- Cited – Scott -v- Southern Pacific Mortgages Ltd and Others SC (Bailii, [2014] UKSC 52, Bailii Summary, [2014] HLR 48, [2015] 1 AC 385, [2014] 3 WLR 1163, [2014] WLR(D) 447, WLRD, Bailii Summary, UKSC 2012/0102, SC, SC Summary)
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . .
(This list may be incomplete)
Last Update: 25-Oct-15 Ref: 553537