Gorgas v Soon Ok Hwang

The case of Gorgas v Soon Ok Hwang involved a dispute regarding the sale of land. The plaintiff, Gorgas, sought to terminate a contract for sale of land on the basis of the defendant's failure to comply with a Notice to Complete. The defendant, Hwang, argued that the Notice to Complete was invalid and that it should have included an adjusted purchase price in accordance with section 66M of the Conveyancing Act. The case was heard in the Supreme Court of Victoria.

The primary legal issues before the court were whether the contract had been validly terminated for non-compliance with the Notice to Complete, whether the Notice to Complete was valid, and whether it should have included an adjusted purchase price. The court was also required to determine whether the risk under the contract for sale had passed to the purchaser, who was already in possession of the property pursuant to a lease agreement before the contract was entered into.

The court found that the Notice to Complete was valid and that the risk under the contract for sale had passed to the purchaser, who was already in possession of the property. The court held that the defendant had failed to comply with the terms of the Notice to Complete and that the contract had been validly terminated. The court rejected the defendant's argument that the Notice to Complete should have included an adjusted purchase price. The court held that the contract price was fixed and that there was no basis for an adjustment of the purchase price.

The final orders of the court were that the contract for sale of land was terminated, that the defendant's claim for specific performance was dismissed, and that the plaintiff was entitled to recover the deposit paid under the contract. The court also ordered that the defendant pay the plaintiff's costs of the proceedings.