Bisognin v Hera Project Pty Ltd

The dispute between Bisognin and Hera Project Pty Ltd was heard in the Supreme Court of Victoria. Bisognin sought specific performance of a contract for the sale of land, while Hera Project Pty Ltd argued that Bisognin was not ready, willing, and able to perform his contractual obligations. Additionally, Hera Project Pty Ltd contended that Bisognin failed to meet his contractual obligations regarding the payment of fees to referral authorities and the procurement of the registration of the subdivision. Hera Project Pty Ltd also sought to have the contract varied based on alleged misleading conduct by Bisognin about his ability to obtain finance.

The primary legal issues before the court were whether Bisognin was ready, willing, and able to perform his obligations under the contract, and if there was any obligation on Bisognin to entertain an alternative interpretation of his contractual obligations. The court also considered whether the judge had erred in granting Bisognin access to the land and whether the proposed development should have been identified in the contract of sale. Furthermore, the court examined the judge's decision not to attach a security for costs condition on the grant of specific performance, and whether the judge was correct in awarding costs on an indemnity basis.

The court found that Bisognin was ready, willing, and able to perform his obligations under the contract, and that there was no obligation for him to entertain an alternative interpretation of his contractual obligations. The court also held that the judge did not err in granting Bisognin access to the land or in requiring the identification of the proposed development in the contract of sale. Regarding the costs, the court determined that the judge's decision not to attach a security for costs condition and to award costs on an indemnity basis was appropriate, given the late production of an alternative contract and the misleading conduct by Hera Project Pty Ltd. The appeal was dismissed.

The court ordered that Bisognin be granted specific performance of the contract, with Hera Project Pty Ltd required to convey the land to Bisognin. Additionally, Bisognin was ordered to pay the outstanding purchase price, and Hera Project Pty Ltd was ordered to pay costs on an indemnity basis.