Burnitt & Anor v Pacific Paradise Resort Pty Ltd

In the case of Burnitt & Anor v Pacific Paradise Resort Pty Ltd, the plaintiffs sought specific performance of a contract for the sale of land, which had not yet been stamped. The defendants applied to have the statement of claim struck out on the grounds that it was premature because the contract had not yet been stamped. The court was tasked with determining whether the action for specific performance could proceed before the contract was stamped, and if the statement of claim could be struck out for being premature. The reasoning of the court was that the contract for the sale of the land had not been stamped, and thus the action for specific performance was premature. However, the court found that the remedy of striking out the statement of claim was not available because the contract had not yet been stamped, and therefore, the contract sought to be enforced was not yet in existence. Consequently, the application to strike out was dismissed, and the defendant was ordered to pay the plaintiff's costs of and incidental to the application to be assessed.