Bullabidgee Pty Ltd v McCleary (No 2)

In *Bullabidgee Pty Ltd v McCleary (No 2)*, the New South Wales Court of Appeal considered an appeal by purchasers against orders made by the Supreme Court of New South Wales. The dispute concerned the dismissal of the purchasers' further amended statement of claim, a declaration regarding the vendors' entitlement to forfeit deposits, and an order for the purchasers to pay the vendors' costs of the proceedings at first instance.

The primary legal issues before the Court of Appeal were whether the primary judge erred in dismissing the purchasers' claim and in declaring the vendors entitled to forfeit the deposits. The court was also required to determine the appropriate orders regarding the costs of the proceedings at first instance and the costs of the appeal.

The Court of Appeal allowed the appeal in part, setting aside the orders of the Supreme Court that dismissed the purchasers' amended statement of claim, declared the vendors' entitlement to forfeit deposits, and ordered the purchasers to pay the vendors' costs. The court substituted its own judgment, ordering that the purchasers (excluding two named entities) recover a specific sum from the vendors, with that judgment taking effect on a particular date. The court also ordered that the purchasers pay a proportion of the vendors' costs at first instance, and the vendors pay a proportion of the purchasers' costs of the appeal, with leave granted for parties to seek variations to these orders.