Chan v Du Buisson Perrine

Case [2014] WASC 219


CHAN -v- DU BUISSON PERRINE [2014] WASC 219



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASC 219
Case No:CIV:2088/201317 FEBRUARY 2014
Coram:JENKINS J26/06/14
25Judgment Part:1 of 1
Result: Declarations that:  
(1) The contract has been lawfully terminated
(2) The sellers are entitled to the contractual deposit of $105,000 held by the deposit holder
B
PDF Version
Parties:KWAI SEONG CHAN
CHIEW WAH CHAN
LOUIS JEAN-MIC DU BUISSON PERRINE
MERCEDES DU BUISSON PERRINE

Catchwords:

Property law
Contract for sale of land
Sale of Land Act 1970 (WA)
Whether contract a terms contract
Valid termination of contract

Legislation:

Interpretation Act 1984 (WA), s 61
Property Law Act 1974 (Qld), s 72(1)
Sale of Land Act 1970 (WA), s 5, s 6, s 7, s 11, s 19A

Case References:

Australian Horizons (Vic) Pty Ltd v Ryan Land Co Pty Ltd [1994] 2 VR 463
Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75
Braidotti v Queensland City Properties Ltd [1991] HCA 19; (1991) 172 CLR 293
Broadwater Hospitality Management Pty Ltd v Primewest (Lot 4 Davidson Street Kalgoorlie) Pty Ltd [No 2] [2010] WASCA 174
Capper v Thorpe [1998] HCA 24; (1998) 194 CLR 342
Commissioner of Taxation (Cth) v Sara Lee Household & Body Care (Australia) Pty Ltd [2000] HCA 35; (2000) 201 CLR 520
Deeble v Robinson [1954] QB 77
Dilworth v Commissioner of Stamps [1899] AC 99
Grover v Taylor (Unreported, WASC, Library No 8901, 6 June 1991)
McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457
Mustac v Medical Board of Western Australia [2007] WASCA 128
Petrie v Dwyer (1954) 91 CLR 99
Sibbles v Highfern Pty Ltd [1987] HCA 66; (1987) 164 CLR 214
Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd (1957) 98 CLR 93
Tropical Traders Ltd v Goonan (No 2) [1965] WAR 174
Wacal Developments Pty Ltd v Realty Developments Pty Ltd (1978) 140 CLR 503
Yardley v Saunders [1982] WAR 231
YZ Finance Co Pty Ltd v Cummings (1964) 109 CLR 395


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CHAN -v- DU BUISSON PERRINE [2014] WASC 219 CORAM : JENKINS J HEARD : 17 FEBRUARY 2014 DELIVERED : 26 JUNE 2014 FILE NO/S : CIV 2088 of 2013 BETWEEN : KWAI SEONG CHAN
    CHIEW WAH CHAN
    Plaintiffs

    AND

    LOUIS JEAN-MIC DU BUISSON PERRINE
    MERCEDES DU BUISSON PERRINE
    Defendants

Catchwords:

Property law - Contract for sale of land - Sale of Land Act 1970 (WA) - Whether contract a terms contract - Valid termination of contract

Legislation:

Interpretation Act 1984 (WA), s 61


Property Law Act 1974 (Qld), s 72(1)
Sale of Land Act 1970 (WA), s 5, s 6, s 7, s 11, s 19A

Result:

Declarations that:


(1) The contract has been lawfully terminated
    (2) The sellers are entitled to the contractual deposit of $105,000 held by the deposit holder

Category: B

Representation:

Counsel:


    Plaintiffs : Mr…

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Details
AGLC
Chan v Du Buisson Perrine [2014] WASC 219
Case
[2014] WASC 219
Decision Date

CaseChat Overview and Summary

The case of Chan v Du Buisson Perrine involved a dispute between the buyers, Chan and others, and the sellers, Du Buisson Perrine, regarding the sale of a property. The buyers had entered into a contract for the sale of land, and the matter was brought before the Supreme Court of Western Australia to determine the validity of the contract's termination and the entitlement to a deposit held by a third party. The primary issues before the court were whether the contract constituted a terms contract under the Sale of Land Act 1970 (WA), and if the termination of the contract was lawful. The buyers argued that the contract was not a terms contract and that the termination was invalid. The sellers, on the other hand, contended that the contract was a terms contract and that the termination was justified.

The court considered the nature of the contract and the obligations of the parties under the Sale of Land Act. It was established that the contract was indeed a terms contract, as it was not for the immediate sale of land but rather for the sale of land upon the fulfilment of certain conditions. The court then examined whether the sellers were entitled to terminate the contract. The buyers had failed to satisfy a condition precedent by failing to provide the necessary financing. The court held that the sellers were justified in terminating the contract due to the buyers' breach of the condition precedent. Furthermore, the court ruled that the termination was in accordance with the requirements of the Sale of Land Act, and thus, the termination was valid.

Based on its findings, the court made several declarations. Firstly, it declared that the contract had been lawfully terminated. Secondly, it declared that the sellers were entitled to the contractual deposit of $105,000 held by the deposit holder. The court's decision provided clarity on the nature of the contract and the rights of the parties in the event of a breach of contract. This case highlights the importance of understanding the terms of a contract and the obligations of each party, as well as the consequences of failing to fulfil the conditions outlined in the contract.

Orders

Orders of the court

Declarations that:

(1) The contract has been lawfully terminated

(2) The sellers are entitled to the contractual deposit of $105,000 held by the deposit holder

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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