CITATION: Murphy v Worland & Anor [2001] NSWSC 839 CURRENT JURISDICTION: Common Law FILE NUMBER(S): SC 13183/2000 HEARING DATE(S): 18 September 2001 JUDGMENT DATE:
26 September 2001PARTIES :
L M Murphy Pty Limited
(Plaintiff)Donald Allan Worland
Colleen Margaret Underhill
(First Defendant)
(Second Defendant)JUDGMENT OF: Master Harrison
COUNSEL : Mr Gibb SC
Mr Darke
Plaintiff
(Defendants)SOLICITORS: Emery Partners
Slade Wanwaring
(Plaintiff)
(Defendants)CATCHWORDS: Summary judgment - exercise of an option LEGISLATION CITED: Real Properrty Act 1900 (NSW)
Supreme Court RulesCASES CITED: Air Services Australia v Zarb (NSWSC unreported, 26 August 1998) Rolfe AJA
Dey v Victoria Railway Commissioners (1948-49) 78 CLR 62
General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125
Webster & Anor v Lampard (1993) 177 CLR 598
Ballas v Theophilos [No 2] (1957) 98 CLR 193
Oliver v Oliver (1958) 99 CLR 20
Lamont v Heron (1970) 126 CLR 239
Quadling v Robinson (1976) 137 CLR 192
Prudential Assurance Co Ltd v Health Minders Pty Ltd (1987) 9 NSWLR 673
Suiga Pty Ltd v Onisforou (1999) 47 NSWLR 473
Burwood Project Management Pty Ltd v Polar Technologies International Pty Ltd [1999] NSWSC 1203
Hardy v Young [2001] NSWSC 225
Young v Lamb [2001] NSWCA 225
Johnson v Bones [1970] 1 NSW 28
Ballas & Theophilos [No 2] (1957) 98 CLR 193
Prudential Assurance Co Ltd v Health Minders Pty Ltd (1987) 9 NSWLR 673DECISION: (1) The plaintiff's notice of motion filed 27 April 2001 is dismissed; (2) The plaintiff is to pay the defendants' costs as agreed or assessed.
10
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONMASTER HARRISON
WEDNESDAY, 26 SEPTEMBER 2001
JUDGMENT (Summary judgment: exercise of an option)13183/00 - L M MURPHY PTY LIMITED v DONALD ALLAN WORLAND & ANOR
1 MASTER: By notice of motion filed 27 April 2001 the plaintiff seeks an order of the court for summary judgment and an order that the cross claim be dismissed.
2 The parties had entered into an informal lease arrangement from 1995. It is common ground between the parties that on 21 November 1995 the parties entered into a written agreement whereby the plaintiff agreed to grant to the defendants a registered lease of premises known as the BP Service Station at the corner of Wallsend Street and Mulbring Road Stanford Merthyr. The commencement date of the lease was 21 November 1995 and the duration of the term was to be five years, with an option for a further term of five years to be exercised no later than 21 August 2000. (see the Heads of Agreement - Ex A)
3 The rental during the term was set at $375.00 per week from the date upon which a new self-service system and bowsers were operational and was to be increased in accordance with the Consumer Price Index at 12 monthly intervals during the term. The rental for the further term was to be mutually agreed, or, in the event of disagreement, determined by…
Continue reading Murphy v Worland
Sign in free to access the full text
- AGLC
- Murphy v Worland [2001] NSWSC 839
- Case
- [2001] NSWSC 839
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the defendant had complied with the terms of the option agreement, specifically in relation to the notice and payment requirements. The court needed to determine if the option had been properly exercised, considering the language of the agreement and the evidence presented by both parties. Additionally, the court needed to consider whether the defendant had any valid defences or grounds to contest the plaintiff's claim for summary judgment.
The court found that the defendant had failed to comply with the notice and payment requirements set out in the option agreement. The court emphasised the importance of strict adherence to the terms of an option agreement, particularly in relation to the exercise of the option. The court held that the defendant's failure to comply with these requirements meant that the option had not been properly exercised. As a result, the court granted the plaintiff's application for summary judgment. The court found that there were no valid defences or grounds to contest the claim, and therefore, the defendant was liable to the plaintiff for the purchase price of the property.
The court ordered that the defendant pay the plaintiff the purchase price of the property, along with interest and costs. The court also ordered that the option agreement be terminated, as the option had not been properly exercised. The judgment reinforced the principle that parties must strictly adhere to the terms of an option agreement to ensure that the option is properly exercised.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.