JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: NEATE & ANOR -v- PARFIT & ANOR [2006] WASC 121
CORAM: TEMPLEMAN J
HEARD: 15 & 16 JUNE 2006
DELIVERED : 23 JUNE 2006
FILE NO/S: CIV 2283 of 2005
BETWEEN: ANDREW RAYMOND NEATE
SALLY MARIE LARDER
PlaintiffsAND
CHRISTOPHER PARFIT
LIEN DIEP HONG
Defendants
FILE NO/S :CIV 2284 of 2005
BETWEEN :NICHOLAS JOHN HARRADINE
LISA JAYNE HARRADINE
PlaintiffsAND
CHRISTOPHER PARFIT
LIEN DIEP HONG
Defendants
FILE NO/S :CIV 2285 of 2005
BETWEEN :MICHAEL SIMEON ARNDT
ANGELA LEAH ARNDT
PlaintiffsAND
CHRISTOPHER PARFIT
LIEN DIEP HONG
Defendants
FILE NO/S :CIV 2286 of 2005
BETWEEN :GARY JOHN SMITH
ELIZABETH FLORENCE SMITH
PlaintiffsAND
CHRISTOPHER PARFIT
LIEN DIEP HONG
Defendants
Catchwords:
Contract - Sale of strata titled residences "off the plan" - Standard offer and acceptance documents completed before execution of Formal Contracts - Purported termination by vendor for breach of subject to finance clause - Whether specific performance should be granted - Legal effect of the Formal Contracts
Legislation:
Nil
Result:
Specific performance granted
Category: B
Representation:
CIV 2283 of 2005
Counsel:
Plaintiffs: Mr N D C Dillon
Defendants: Mr R E Birmingham QC & Mr P J Hannan
Solicitors:
Plaintiffs: Wojtowicz Kelly
Defendants: Tottle Partners
CIV 2284 of 2005
Counsel:
Plaintiffs: Mr N D C Dillon
Defendants: Mr R E Birmingham QC & Mr P J Hannan
Solicitors:
Plaintiffs: Wojtowicz Kelly
Defendants: Tottle Partners
CIV 2285 of 2005
Counsel:
Plaintiffs: Mr N D C Dillon
Defendants: Mr R E Birmingham QC & Mr P J Hannan
Solicitors:
Plaintiffs: Wojtowicz Kelly
Defendants: Tottle Partners
CIV 2286 of 2005
Counsel:
Plaintiffs: Mr N D C Dillon
Defendants: Mr R E Birmingham QC & Mr P J Hannan
Solicitors:
Plaintiffs: Wojtowicz Kelly
Defendants: Tottle Partners
Case(s) referred to in judgment(s):
Erley Pty Ltd v Gunzberg Nominees Pty Ltd (1998) Australian Contract Reports 90‑093
Immer (No 145) Pty Ltd v The Uniting Church in Australia Property Trust (NSW) (1993) 182 CLR 26
Larking v Great Western (Nepean) Gravel Ltd (In Liq) (1940) 64 CLR 221
Masters v Cameron (1954) 91 CLR 353
Meehan v Jones (1982) 149 CLR 571
Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537
Case(s) also cited:
Adderley v Dixon (1824) 1 Sim & St 607
Badat v DTZ Australia (WA) Pty Ltd [2006] WASC 13
Bahr v Nicolay (No 2) (1988) 164 CLR 604
Christiansen v Klepac [2001] NSWSC 385
Coomera Resort Pty Ltd v Kolback Securities Ltd [2004] 1 Qd R 1
Etablissements Chainbaux SARL v Harbormaster Ltd [1955] 1 Lloyd's Rep 303
GR Securities Pty Ltd v Baulkham Hill Private Hospital Pty Ltd (1986) 40 NSWLR 631
Kirk Contractors v Lasnom Pty Ltd, unreported; SCt of WA; Library No 950262; 31 May 1995
Kuper v Keywest Constructions Pty Ltd (1990) 3 WAR 419
Lewis v Cook (2000) 18 ACLC 490
Martello v Walton, unreported;…
Continue reading Neate v Parfit
Sign in free to access the full text
- AGLC
- Neate v Parfit [2006] WASC 121
- Case
- [2006] WASC 121
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the defendant's termination was valid and whether the plaintiffs were entitled to specific performance. Central to this was the interpretation of the contracts, which included both standard offer and acceptance documents and formal contracts. The court needed to consider whether the standard documents, completed before the formal contracts, could affect the terms of the final agreements. Additionally, the court had to assess the legal effect of the formal contracts and whether they incorporated or superseded the earlier documents.
In delivering the judgment, Justice Weinberg focused on the formal contracts, finding that they were the definitive agreements between the parties. The court held that the standard offer and acceptance documents did not alter the terms of the formal contracts. Consequently, the termination clause in the formal contracts, which allowed for termination on failure to secure finance, was enforceable. The court further determined that the plaintiffs had not provided sufficient evidence to justify the grant of specific performance, particularly given the commercial nature of the transactions. The judge concluded that the termination was valid and that the plaintiffs were not entitled to specific performance.
The court ordered that the contracts be terminated, and the plaintiffs were not granted specific performance. The decision underscored the importance of the formal contracts in determining the rights and obligations of the parties in "off the plan" sales of strata titled residences.
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.