Moobi v Les Gunn Properties

The dispute in Moobi v Les Gunn Properties involved the vendor, Les Gunn Properties, and the purchaser, Moobi, concerning the sale of land. The sale was contracted for at a price of $2,050,000. The purchaser sought to have the contract rectified to include GST, arguing that this was the common intention of both parties, and that the vendor had made a unilateral mistake that the purchaser was aware of and intended to conceal. The case was heard in the Supreme Court of New South Wales.

The central legal issues were whether there was a common intention that the price of the land included GST, and whether the vendor had made a unilateral mistake with the knowledge and intention to deceive the purchaser. The court had to consider whether the purchaser had established the necessary elements to seek rectification of the contract. Specifically, it needed to determine if there was a unilateral mistake that was known to the vendor and intended to deceive the purchaser, and if rectifying the contract to include the intended price would accurately reflect the common intention of the parties.

The court found that the common intention of both parties was indeed that the price included GST, and that the vendor had made a unilateral mistake. However, the court held that the purchaser had not demonstrated that the vendor knew of the mistake and intended to deceive. As such, the court declined to rectify the contract to include GST. The vendor was not found to have acted with the requisite knowledge and intention to deceive, and therefore, the purchaser's claim for rectification was dismissed.

The court's final orders were that the contract for the sale of the land at $2,050,000 was to stand as written, without any addition of GST. The purchaser's claim for rectification was dismissed, and the vendor was not required to pay any additional amount to the purchaser.