Despot v Registrar General of NSW

The parties in this case were the plaintiff, Despot, and the Registrar General of NSW. The dispute involved the sale of an apartment, where the plaintiff sought specific performance of the contract and retransfer of title. The court was required to determine whether the payment of the unpaid purchase price was a condition of the transfer and registration of title, and if the transfer and registration of title before payment was a breach of the court order. Additionally, the court had to consider whether the plaintiff was entitled to the retransfer of title under UCPR r 39.50, and whether that rule could be read as undoing acts done pursuant to the order before the fulfilment of the condition of payment. The court also needed to address whether an interlocutory order "until further order" ceased to operate when final orders were made, and if the plaintiff could argue that payments made by the purchaser were not actually made in discharge of contractual obligations.

The court's reasoning focused on the interpretation of the court orders and the application of UCPR r 39.50. The court held that the order for specific performance did not specify a time by which the condition of payment must be fulfilled, and therefore, UCPR r 39.50 could be read as undoing acts done pursuant to the order before the fulfilment of the condition of payment. The court also found that the interlocutory order "until further order" did not cease to operate when final orders were made, as the final judgment did not expressly dissolve the interlocutory order. Furthermore, the court held that the plaintiff could argue that payments made by the purchaser were not actually made in discharge of contractual obligations, as the order for specific performance was not challenged on appeal. The court concluded that the termination of the contract was valid without a court order vacating the order for specific performance, and that the delay in paying the unpaid purchase price was not repudiatory conduct giving rise to a right of termination.

The court made several orders in the case. It ordered that the third and sixth defendants were entitled to set off the remaining unpaid purchase price against costs awards in their favour. The court also ordered that the Registrar General of NSW transfer and register the title of the apartment to the plaintiff, and that the plaintiff be entitled to the retransfer of title. The court did not make any orders regarding the application to set off, as it found that the third and sixth defendants were entitled to set off the remaining unpaid purchase price against costs awards in their favour.