Glenda Caunt & Marcia King v Vincenzo Zaccardi & Maria Zuniga

[2007] NSWDC 259

CITATION:	Glenda Caunt & Marcia King v Vincenzo Zaccardi & Maria Zuniga [2007] NSWDC 259
HEARING DATE(S):	16/4/07
JUDGMENT DATE:	16 April 2007
EX TEMPORE JUDGMENT DATE:	16 April 2007
JURISDICTION:	Civil at Port Macquarie
JUDGMENT OF:	Finnane QC DCJ
DECISION:	I give judgment to the plaintiffs in the sum of one hundred and fifteen thousand dollars plus costs. I order that the defendants pay interest in accordance with the rules of court.
CATCHWORDS:	contract - sale of land - defence raised "no defence known to law" - damages - costs
LEGISLATION CITED:	Civil Procedure Act 2005
PARTIES:	Glenda Caunt & Marica King Vincenzo Zaccardi & Maria Zuniga
FILE NUMBER(S):	32/05
COUNSEL:	Mr A Mooney- Plaintiff Defendant in Person

JUDGMENT

1 HIS HONOUR: The plaintiffs have sued the defendants for damages arising out of the parties entering into a contract for the purchase of land on 24 December 2004.

2 I am satisfied the evidence establishes that that contract was entered into, there is no evidence to the contrary. Mr Zaccardi has argued the contract was null and void, but there is no evidence to that effect. It was never pleaded and the defence that was put on does not raise a defence known to law.

3 The solicitors for the plaintiffs issued a notice to complete on 31 January requiring completion on or before 17 February. The defendants did not comply with the notice to complete and a notice of termination of contract was served on the defendants on 21 February 2005. I find that on that day the contract was terminated. Clause 9 of the contract entitled the vendor to sue the purchasers where the vendors had resold the property within twelve months after the termination and recover any deficiency on resale, costs, expenses and I am satisfied that on 10 June 2005 a further contract was entered into for the sale of the land. This contract was settled on 14 July 2005, the price paid was six hundred and five thousand dollars. There is a deficiency between the original contract price and that amount where the plaintiffs are entitled to an allowance of ten thousand dollars paid as a deposit.

4 I give judgment to the plaintiffs in the sum of one hundred and fifteen thousand dollars plus costs. I order that the defendants pay interest in accordance with the rules of court.

5 Anything else?

6 MOONEY: No your Honour just to clarify that would be costs as agreed or assessed?

7 HIS HONOUR: What other way would it be done?

8 MOONEY: Just for the purpose of the record.

9 HIS HONOUR: Costs follow in accordance with the Uniform Civil Procedure Act and Rules and are payable in accordance with those rules. All right?

10 MOONEY: May it please the court.

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