Bisognin v Hera Project Pty Ltd

Bisognin v Hera Project Pty Ltd is a case that involves a dispute over a contract for the sale of land. The purchaser, Bisognin, had entered into a contract with the vendor, Hera Project Pty Ltd, for the sale of a parcel of land. However, the vendor had sold the land to a third party prior to the approval of the plan of subdivision and certification of the plan. The purchaser sought specific performance of the contract or, in the alternative, damages for breach of contract. The case was heard in the Supreme Court of Victoria.

The primary legal issue that the court had to decide was whether the purchaser was entitled to specific performance or damages for the breach of the contract of sale. The court had to determine whether the vendor had breached the special condition in the contract, which required the purchaser to obtain approval of the plan of subdivision before the settlement of the contract. The court also had to consider whether the sale of the land to a third party prior to the approval of the plan of subdivision and certification of the plan was a breach of the contract.

The court held that the vendor had breached the special condition in the contract, which required the purchaser to obtain approval of the plan of subdivision before the settlement of the contract. The court found that the vendor had sold the land to a third party prior to the approval of the plan of subdivision and certification of the plan, which was a breach of the contract. The court also held that the purchaser was entitled to specific performance of the contract as the breach was not due to any fault or neglect of the purchaser. The court ordered specific performance of the contract of sale of land, including the payment of the deposit, and costs.

The court did not consider it necessary to award damages to the purchaser as the court found that the purchaser had suffered no loss as a result of the breach of contract. The court also noted that the purchaser had paid the deposit and was ready and willing to complete the contract. The court ordered specific performance of the contract of sale of land, including the payment of the deposit, and costs. The court also ordered that the vendor pay the purchaser's costs of the proceedings.