Liu v Liashenko

The proceeding concerned an application by the plaintiff, Liu, for an order for specific performance of a contract for the sale of land against the defendant, Liashenko. The dispute arose from the defendant's refusal to complete the sale of a property located at 145 Old Northern Road, Glenorie, NSW. The plaintiff sought to compel the defendant to transfer the property to him in accordance with the terms of the contract.

The central legal issue before Emmett J was whether the plaintiff was entitled to an order for specific performance of the contract for sale of land. This required the court to consider whether the contract was valid and enforceable, and whether there were any equitable defences available to the defendant that would preclude the granting of specific performance.

Emmett J found that the contract was valid and enforceable. His Honour noted that the defendant had not established any grounds upon which to resist the plaintiff's claim for specific performance. The defendant's refusal to complete the sale was not based on any vitiating factor or a lack of capacity to perform. Consequently, Emmett J ordered that the defendant specifically perform the contract for the sale of the property.