Dattner v Wharton

Dattner, the plaintiff, brought an action against Wharton, the defendant, to seek summary judgment for possession of a property located in Sydney. The defendant, in turn, raised a defence and counterclaim asserting the existence of a concluded contract of sale or equitable estoppel. The dispute was heard in the Supreme Court of New South Wales. The central legal issue was whether the plaintiff had made an offer to sell the property that could be accepted, and if the defendant had accepted all conditions of this offer. Additionally, the court had to determine if the defendant's payment of owners corporation fees and council rates resulted in an equitable estoppel preventing the plaintiff from denying the existence of a contract of sale.

The court examined the communications between the parties, particularly an email from the plaintiff which was central to the argument regarding the offer. The court concluded that the email did not constitute an offer to sell the property that was capable of acceptance. Further, the court found that the defendant had not accepted all conditions of the plaintiff's offer. The court also addressed the defendant's argument regarding equitable estoppel, concluding that the payments made by the defendant did not create an estoppel against the plaintiff denying the existence of a contract of sale.

In light of the findings, the court determined that the defence and counterclaim had no real prospect of success. The court granted the plaintiff's application for summary judgment, allowing the plaintiff to obtain possession of the property. The court ordered that the defendant vacate the premises and pay the plaintiff's costs of the application.