Coyne v Calabro (No. 5)

In this case, the parties were involved in a dispute over a contract for the sale of property. The purchaser alleged that the vendor had engaged in misrepresentation or misleading or deceptive conduct to induce the contract. The purchaser sought to terminate the contract and recover damages. The vendor denied the allegations and argued that the contract was validly terminated. The court was required to determine whether the purchaser was entitled to rescind the contract on the basis of misrepresentation or misleading or deceptive conduct, and whether the vendor was entitled to terminate the contract and claim damages for breach. The court found that there was no misrepresentation or misleading or deceptive conduct established by the purchaser. Therefore, the purchaser was not entitled to rescind the contract. The court also considered the special condition in the contract for completion to be conditional on development approval. The court held that the vendor was entitled to serve a notice to complete and terminate the contract if the purchaser failed to complete within the time specified in the contract. The court further determined the damages recoverable for breach of contract.

The real estate agent was joined as a cross-defendant to the purchaser's cross-claim. The purchaser sought to have the agent indemnified by the vendor for the costs of the proceedings. The agent claimed that the costs arose from the proper performance of its powers, duties, and authorities. The court held that the agent was not entitled to be indemnified by the vendor for the costs of the proceedings as the agent had not acted within the scope of its authority. The court further held that the agent was not entitled to be indemnified for costs arising from the proper performance of its powers, duties, or authorities.