Evans v Robcorp Pty Ltd

Evans and another, as vendors, brought an application against Robcorp, the purchaser, for summary judgment of specific performance of a contract for the sale of land. The respondents argued that the applicant vendors were not entitled to summary judgment as there were defences available to them, including the respondents' inability to comply with the order due to financial incapacity and the potential hardship of enforcing specific performance. The applicants contended that the defences were not available to the respondents as the respondents' financial incapacity arose after the contract was executed, and therefore, the applicants should be granted summary judgment.

The court had to determine whether specific performance could be refused on the basis that the respondents could not comply with the order due to financial incapacity or on the basis of hardship. The court noted that specific performance could be denied if the court was satisfied that the order would cause significant hardship to the respondents. The court also considered that the respondents' inability to comply with the order due to financial incapacity was a relevant consideration in deciding whether to grant specific performance. However, the court held that the respondents' financial incapacity arose subsequent to the contract and was not a defence to the application for specific performance. The court further held that the respondents had not demonstrated that enforcing specific performance would cause significant hardship. The court dismissed the application for summary judgment and ordered that the costs of the application be the respondents' costs in the cause.