Specific Performance Granted for Property Sale Failure
⚖️ Legal holding
A party is entitled to specific performance of a contract if the other party has failed to complete the contract and there is no termination of the contract.
📖 Technical summary
The claimant is entitled to specific performance of the contract to sell his interest in the property at Mount Druitt.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Zvonko never gave notice terminating the contract, keeping it active.
- The contract remained on foot after the initial deadline due to ongoing communication.
- The deed recognized the properties were held as tenants in common in equal shares.
- Zvonko's solicitor recognized the contract was still on foot in his letter of 24 July.
- The exchange of emails on 6 September showed no termination of the contract.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about the failure to complete the sale of a property interest at Mount Druitt.
Which laws or rules were applied?
The Conveyancing Act 1919 (NSW) s 66G was applied.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to specific performance if the other party fails to complete the contract and there is no termination of the contract.
What evidence or documents mattered?
The evidence and documents related to the failure to complete the contract and the absence of termination of the contract mattered.