Lien v Huang

In the Supreme Court of New South Wales, Lien, a property developer, sued Huang, a purchaser, and Wang, a mortgagee, over a contract for the sale of land. The plaintiff sought an injunction to prevent the first defendant from completing the contract, alleging that damages were an inadequate remedy and that the contract was subject to a condition precedent that had not been satisfied. The plaintiff also sought to have the contract rescinded and for the first defendant to pay costs. The defendants opposed the application, arguing that the plaintiff's rights were adequately protected by damages and that the contract was valid and binding.

The court considered whether the plaintiff had established that damages were an inadequate remedy and whether the contract was subject to a condition precedent. The court noted that the contract provided for completion on a specific date, subject to the plaintiff obtaining a certificate of title. The court held that the condition precedent was not satisfied because the plaintiff had not obtained the certificate of title. However, the court also held that the plaintiff had not established that damages were an inadequate remedy. The court found that the plaintiff had suffered no loss as a result of the delay in obtaining the certificate of title, and that the defendants had acted reasonably in completing the contract. The court held that the plaintiff's rights were adequately protected by damages and that an injunction was not necessary.

Accordingly, the court dismissed the plaintiff's application for an injunction and for rescission of the contract. The court also dismissed the plaintiff's claim for costs. The defendants were ordered to pay the plaintiff's costs of the application on an indemnity basis.