John Frederick Hillam v Leduva Pty Limited (No. 2)

The plaintiff, John Frederick Hillam, brought proceedings against Leduva Pty Limited, seeking specific performance of a contract for the sale of land. The case was heard in a court of equity. The central dispute was whether the plaintiff could be compelled to complete the sale of land despite an earlier withdrawal of an undertaking to the court. Additionally, the court had to determine if the plaintiff was ready, willing, and able to perform the contract.

The legal issues before the court were twofold. Firstly, whether the plaintiff was entitled to re-open the proceedings after withdrawing an undertaking given to the court. Secondly, whether the plaintiff met the criteria of being ready, willing, and able to perform the contract for specific performance. The court considered the principles of equity and the nature of the remedy of specific performance.

In its judgment, the court found that the plaintiff was entitled to have the proceedings re-opened, albeit on a single issue and without the opportunity for cross-examination. The court emphasised the importance of the principles of fairness and justice in its decision. Regarding the specific performance, the court concluded that the plaintiff was not ready, willing, and able to complete the contract. Consequently, the plaintiff's claim for specific performance was dismissed.

The court granted leave to re-open the proceedings on the limited issue of whether the plaintiff was ready, willing, and able to perform the contract, but denied specific performance. No further orders were made beyond these determinations.