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Bedroff Pty Ltd v Rennie

Bedroff Pty Ltd v Rennie

Case [2002] NSWSC 928 22 October 2002

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CITATION: Bedroff Pty Ltd v Rennie [2002] NSWSC 928

CURRENT JURISDICTION: Equity Division

FILE NUMBER(S): SC 4323/02

HEARING DATE(S): 5, 6 September 2002 [then written submissions]

JUDGMENT DATE: 22 October 2002

PARTIES :

Bedroff Pty Limited (P)
Marlene Joyce Rennie (D)

JUDGMENT OF: Young CJ in Eq

COUNSEL : J M Ireland QC (P)
T S Hale SC (D)

SOLICITORS: Holman Webb (P)
Beesley & Hughes (D)

CATCHWORDS: CONVEYANCING [40]- Condition- Purported waiver- Whether condition solely for benefit of one party. CONVEYANCING [64]- Time- When completion due- Whether notice to complete premature.

LEGISLATION CITED: Duties Act 1997, s 304

CASES CITED: Amber Holdings (Aust) Pty Ltd v Polona Pty Ltd [1982] 2 NSWLR 470
Charles Lodge Pty Ltd v Menahem [1966] VR 161
Dent v Moore (1919) 26 CLR 316
Gustin v Taajamba Pty Ltd (1988) 4 BPR 9373
Measey v Evans [1996] QCA 108
Meehan v Jones (1982) 149 CLR 571
Sandra Investments Pty Ltd v Booth (1983) 153 CLR 153
Taylor v Raglan Developments Pty Ltd [1981] 2 NSWLR 117
Toga Development No 10 Pty Ltd v Gibson (1973) 2 BPR 9260
Turnstila Pty Ltd v North Shore Gas Co Ltd (1981) 2 BPR 9105
Vakele Pty Ltd v Assender (1989) 4 BPR 9591
Willing v Baker (1992) 58 SASR 357

DECISION: See para 84.

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

YOUNG CJ in EQ

Tuesday 22 October 2002

4323/02 – BEDROFF PTY LTD v RENNIE

JUDGMENT

1 HIS HONOUR: This is the final hearing of a purchaser's specific performance suit in respect of industrial property in the main street of Byron Bay, generally known as 159 Jonson Street, though on some occasions it is referred to as 156 Jonson Street.

2 The contract entered into by the parties on 5 October 2001 was in the 2000 edition of the standard form. It provided for a purchase price of $1.55 million, with a deposit of $77,500. On the front page the box marked "Completion date" was filled in as "See Special Condition 6".

3 There were 13 special conditions. It is necessary to summarise or set out some of these special conditions and also printed condition 29.

4 Special condition 2 provided that if completion had not been effected by the completion date, then a party might give a 14 day notice to complete. Special condition 3 provided that if completion did not take place on the date specified, then the vendor was entitled to interest at 10% from the due date for completion. Special conditions 4 and 6 are as follows:

"4. This contract is subject to the Purchaser obtaining a deferred commencement Development Consent or a Development Consent for a development, which is permissible from Byron Shire Council or such other consent authority or authorities that may apply under the Environmental Planning & Assessment Act 1979 as may be amended from time to time within nine (9) months from the date of this contract.

If such deferred commencement Development Consent has…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bedroff Pty Ltd v Rennie

Details

AGLC: Bedroff Pty Ltd v Rennie [2002] NSWSC 928
Case: [2002] NSWSC 928
Decision Date: 22 October 2002

CaseChat Overview and Summary

The matter before the court involved Bedroff Pty Ltd, the vendor, and Rennie, the purchaser, in a dispute over the sale of a property. The primary issue was whether a condition in the contract of sale had been waived by the vendor and, if so, whether the purchaser's notice to complete was premature. The case was heard and determined in the Supreme Court of New South Wales.

The central legal questions that the court had to address were whether the condition in the contract was solely for the benefit of one party and, if not, whether it had been waived. Additionally, the court needed to decide whether the purchaser's notice to complete was premature, thereby affecting the validity of the notice. The court's analysis focused on the interpretation of the contract and the applicable principles of equity and contract law.

In its decision, the court found that the condition in the contract was not solely for the benefit of one party, as it also served the interests of the purchaser. The court determined that the vendor had effectively waived the condition, which meant that the purchaser could proceed with completion. Furthermore, the court held that the purchaser's notice to complete was not premature, as it was issued after the condition had been waived. Consequently, the purchaser was entitled to complete the sale as per the contract.

The court's final orders reflected its determination that the condition had been waived and the notice to complete was valid. The purchaser was therefore entitled to proceed with the sale of the property as per the terms of the contract.

Orders