Bowman Development Corporation Pty Limited v Young Forever Property Pty Ltd

Bowman Development Corporation Pty Limited, as plaintiff, sought specific performance and other remedies against Young Forever Property Pty Ltd, as the first defendant, in relation to a breach of contract for the sale of real property. The case was heard in the Supreme Court of the Australian Capital Territory. Bowman Development Corporation sought an order for specific performance of the contract for sale, as well as an order for specific performance of a guarantee provided by the second and third defendants. Bowman Development Corporation argued that the first defendant was impecunious and that specific performance against the second and third defendants was not premature.

The legal issues before the court included whether an order for specific performance against the first defendant would be futile, whether an order for specific performance against the second and third defendants was premature, and whether an order for indemnity costs was appropriate. The court found that the first defendant had not demonstrated any reason why an order for specific performance would be futile, and that the order for specific performance against the second and third defendants was not premature as the first defendant had not performed the contract.

The court ordered the first defendant to specifically perform the contract for sale and to pay the plaintiff's costs on an indemnity basis. The court also ordered that the trial against the second and third defendants be adjourned and set down for a hearing on a specified date. The court found that an order for indemnity costs was appropriate, as the first defendant had not opposed the orders sought and had not demonstrated any reason why a trial was still required in regard to the second and third defendants.