Collum v Opie

The Full Court of the Supreme Court of South Australia heard an appeal brought by Ms Collum against a judgment that found her liable to Mr and Mrs Opie for breach of contract. The breach arose from the construction of a southern wall higher than agreed in a contract for the sale of a property and the building of a two storey section at the eastern end of the property. The trial judge had made orders for an injunction requiring the removal of part of the southern wall and restraining the building of the two storey section. Ms Collum appealed against the order to remove part of the southern wall on the basis that the plaintiffs had delayed in enforcing their rights against her. The Court was satisfied that the trial judge had correctly found that the plaintiffs had not delayed unreasonably in enforcing their rights against Ms Collum. The Court was also satisfied that the trial judge had correctly rejected the defence of laches and had properly exercised his discretion in ordering the removal of part of the southern wall. The appeal was dismissed.