Bull v Wimble

The case of Bull v Wimble was heard in the Supreme Court of Queensland. The vendor, Bull, sought an order for specific performance against the purchaser, Wimble, regarding a property sale. The purchaser had paid the deposit and signed a contract for sale, but failed to complete the purchase. The vendor claimed that the purchaser was obligated to complete the sale as per the terms of the contract.

The court had to determine whether the purchaser was bound by the terms of the contract and whether specific performance was an appropriate remedy in this case. The court considered the nature of the contract and the obligations of the parties, as well as the principles of equity and the appropriate circumstances for granting specific performance.

The court found that the purchaser was indeed bound by the terms of the contract, as the deposit had been paid and the contract signed. It was held that specific performance was an appropriate remedy, given that the property was unique and the vendor had suffered a loss due to the purchaser's failure to complete the sale. The court ordered the purchaser to complete the sale of the property, in line with the terms of the contract. The court emphasised that specific performance was granted as an equitable remedy, and not as a matter of strict legal right.