AAN MP Pty Ltd as trustee for the AAN MP Unit Trust v Camilleri

AAN MP Pty Ltd as trustee for the AAN MP Unit Trust brought an action against Camilleri, seeking summary judgment in relation to a dispute over a contract for the sale of residential property. The dispute centred on whether the purchaser could exercise a statutory right of rescission under the Conveyancing Act 1919 (NSW) due to the absence of a swimming pool certificate, and whether this right could be waived or the contract affirmed. The matter was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether summary judgment should be ordered in favour of the plaintiff and whether there was a defence reasonably arguable on the facts. The court needed to determine whether the purchaser's statutory right of rescission could be waived or the contract affirmed, and if these matters were suitable for determination on a summary judgment motion. Additionally, the court had to consider whether it was appropriate to make a separate determination of the questions, given that the pleadings had not closed and a separate hearing could lead to extra delay and expense.

The court found that the purchaser's statutory right of rescission could be waived and the contract affirmed, but these matters were not appropriate for determination on a summary judgment motion. The court noted that the absence of a swimming pool certificate did not necessarily mean there was no "swimming pool" under the Swimming Pools Act 1992 (NSW), and the question of whether there was a swimming pool was not suitable for summary judgment. The court further held that a separate hearing to determine these issues would not narrow the issues for trial and could lead to additional delay and expense. The court therefore dismissed the plaintiff's application for summary judgment.

The court ordered that the application for summary judgment be dismissed, and the matter would proceed to trial to determine the appropriate course of action regarding the statutory right of rescission and the affirmation of the contract.