Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd

Sara Investments (NSW) Pty Limited (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a contract for the sale of land. The dispute arose from the appellant's failure to complete the purchase, leading to the respondent, West Asset Holdings Pty Ltd, seeking specific performance of the contract.

The central legal issue before the Court of Appeal was whether the primary judge erred in concluding that the respondent was ready, willing, and able to perform its obligations under the contract. This was particularly in light of the presumption under rule 14.11 of the Uniform Civil Procedure Rules 2005 (NSW) that a pleading includes a statement of readiness, willingness, and ability, which, if not traversed in the defence, is taken to be admitted. The Court also considered whether certain grounds of appeal, though not formally abandoned, had been effectively abandoned by the appellant's conduct in submissions.

The Court of Appeal affirmed the primary judge's conclusion, finding no error in the determination that the respondent had satisfied the requirement of being ready, willing, and able to perform. The Court noted that the appellant had not traversed this aspect in its defence, and it was therefore taken to be admitted. Furthermore, the issue was not sufficiently raised in cross-examination to necessitate the adduction of further evidence. The Court also found that the grounds of appeal not canvassed in the appellant's written reply submissions and expressly not supported in oral submissions raised no issue of principle and were disposed of accordingly.

The appeal was dismissed, with costs awarded to the respondent.