Akrawe v Culjak

The appeal concerned a dispute over a contract for the sale of real property. The applicant, Akrawe, sought specific performance of the contract against the respondent, Culjak. The central issue was whether the contract had been validly terminated by the respondent due to the applicant's failure to complete the purchase by the stipulated date, which was of the essence.

The Court of Appeal was required to determine whether the applicant was ready, willing, and able to complete the purchase by the contractual completion date. It also had to consider whether the respondent had validly terminated the contract, and consequently, whether the applicant was entitled to relief against forfeiture of the deposit pursuant to section 55(2A) of the *Conveyancing Act 1919* (NSW).

The Court found that the applicant had not established that they were ready, willing, and able to complete the purchase on the date time was of the essence. Consequently, the respondent was entitled to terminate the contract. The Court further held that there was no error in the exercise of discretion by the primary judge in refusing specific performance and relief against forfeiture, as the applicant had failed to demonstrate the necessary readiness and willingness to complete. The principles applied included those relating to the essential nature of time in contracts for the sale of land and the requirements for obtaining equitable remedies.

The appeal was dismissed with costs.