Casper Corp Pty Ltd v Gorman

In the matter of Casper Corp Pty Ltd versus Gorman, the Federal Court was called upon to address issues of equitable remedies and the availability of specific performance in the context of a real property transaction. Casper Corp, as the plaintiff, sought an order for specific performance of a contract for the sale of land, against the defendant, Gorman. The dispute centred on whether Casper Corp was entitled to specific performance despite having breached the contract, and whether Gorman's readiness and willingness to perform the contract was a necessary condition for such an order.

The court had to determine whether Casper Corp's prior breach of contract negated its entitlement to specific performance, and if the absence of Gorman's readiness and willingness constituted a valid defence. Additionally, the court needed to consider the nature of the interest Gorman held under the caveats, and whether this was sufficient to challenge the availability of specific performance. The court was also tasked with examining the terms of the mortgage and charge, and how these related to the purchaser under the agreement for sale.

The court ruled that Casper Corp's breach of contract did not preclude it from seeking specific performance, provided that Gorman was ready and willing to perform. However, the court found that Gorman had not demonstrated the requisite readiness and willingness to perform the contract, thereby defeating Casper Corp's claim for specific performance. The court further determined that the caveats lodged by Gorman did not confer upon him an interest sufficient to challenge the availability of specific performance. Consequently, the court ordered the removal of the caveats and adjourned the matter for further hearing.