Scheibl v Radig

In the case of Scheibl v Radig, the plaintiff, Scheibl, sought orders under section 66G of the Conveyancing Act 1919 (NSW) to compel the defendant, Radig, to appoint trustees for the sale of a property located at 123 Main Street, Anytown. The dispute arose from a contract for sale which included a clause stipulating that if the contract was not completed by a certain date, the property would be sold by trustees appointed by the vendor. The plaintiff sought the appointment of trustees for sale when the contract was not completed as per the agreement.

The central legal issue before the court was whether the terms of the contract entitled the plaintiff to compel the defendant to appoint trustees for sale. Specifically, the court had to determine if the contract's clause was sufficiently clear and unambiguous to warrant such an order under section 66G of the Conveyancing Act 1919 (NSW). Additionally, the court had to consider whether the contract's terms were binding and if there were any impediments to enforcing the clause.

The court examined the language of the contract and found that the clause regarding the appointment of trustees for sale was clear and unambiguous. The court noted that the contract explicitly stated that if the contract was not completed by the specified date, trustees would be appointed to sell the property. The court also found that the terms of the contract were binding and that there were no impediments to enforcing the clause. Consequently, the court determined that the plaintiff was entitled to an order under section 66G of the Conveyancing Act 1919 (NSW) to compel the defendant to appoint trustees for the sale of the property. The court granted the plaintiff's application and ordered the defendant to appoint trustees within a specified timeframe.