Shepherd v Baster

Case [2006] WASC 176


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   SHEPHERD & ANOR -v- BASTER [2006] WASC 176

CORAM:   TEMPLEMAN J

HEARD:   7 & 8 AUGUST 2006

DELIVERED          :   16 AUGUST 2006

FILE NO/S:   CIV 2083 of 2004

BETWEEN:   JUSTIN LESLIE SHEPHERD

ERIN JENNIFER SHEPHERD
Plaintiffs

AND

KAREN LESLEY BASTER
Defendant

Catchwords:

Equity - Specific performance - Sale of land - Verbal offer and acceptance followed by signed standard form agreement - Amendments to written agreement - Repudiation by vendor after amendment by purchaser - Whether contract formed and, if so, whether breaches justify a termination notice - Whether damages for alternative accommodation, additional building costs, loss of opportunity to subdivide - Same principles in law and equity

Legislation:

Nil

Result:

Specific performance awarded
Damages not awarded

Category:    B

Representation:

Counsel:

Plaintiffs:     Mr M L Bennett

Defendant:     Mr K J Martin QC & Ms C H Thompson

Solicitors:

Plaintiffs:     Lavan Legal

Defendant:     MacKinlays

Case(s) referred to in judgment(s):

Bristol & West Building Society v Mothew [1998] Ch 1

Codrington v Codrington (1875) LR 7 HL 854

Foran v Wight (1989) 168 CLR 385

Grieve & Anor v Enge & Anor [2006] QCA 213

Johnson v Agnew [1980] AC 367

Neate v Parfitt [2006] WASC 121

Peter Turnbull & Co Pty Ltd v Mundus Trading Co (Australasia) Pty Ltd (1954) 90 CLR 235

Suttor v Gundowda Pty Ltd (1950) 81 CLR 418

Wenham v Ella (1972) 127 CLR 454

Case(s) also cited:

Adams v Lindsell (1818) 2 B & Ald 681; 106 ER 250

Adamson v Hayes (1973) 130 CLR 276

Anaconda Nickle Ltd v Tarmoola Australia Pty Ltd (2000) 22 WAR 101

Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd [1988] 18 NSWLR 540

Bahr v Nicolay (No 2) (1988) 164 CLR 604

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337

Darter Pty Ltd v Malloy [1993] 2 QR 615

Elizabeth City Centre v Corralyn (1994) 63 SASR 235

Erley Pty Ltd v Gunzburg Nominees Pty Ltd (1998) Aust Contract R 90-093

Gibson v Manchester City Council [1978] 1 WLR 520

Green v Sommerville (1979) 141 CLR 594

Hadley v Baxendale (1854) 9 Ex 341; (1854) 156 ER 145

Jones v Barkley (1781) 99 ER 434

Koufos v C Czarnikow Ltd [1969] 1 AC 350

Marist Brothers Community v Harvey Shire Council (1994) 14 WAR 69

Meehan v Jones (1981) 149 CLR 571

Nunin Holdings Pty Ltd v Tullamarine Estates Pty Ltd [1994] 1 VR 74

Olympic Holdings Pty Ltd v Lochel [2004] WASC 61

Perri v Coolangatta Investments Pty Ltd (1982) 139 CLR 537

Redden v Wilks [1979] WAR 161

Rogan v Rushton [2003] QSC 9

Sansom Nominees v Meade [2005] WASC 9

Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245

Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd (1957) 98 CLR 93

  1. TEMPLEMAN J:  The plaintiffs, Justin Leslie Shepherd, and his wife Erin Jennifer Shepherd ("the Shepherds"), seek an order for the specific performance of what…

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AGLC
Shepherd v Baster [2006] WASC 176
Case
[2006] WASC 176
Decision Date

CaseChat Overview and Summary

In the case of Shepherd v Baster, the plaintiff, Mr. Shepherd, sought specific performance of a contract for the sale of land against the defendant, Mr. Baster. The dispute arose from a verbal offer made by Mr. Baster to sell a property to Mr. Shepherd, which was subsequently followed by the signing of a standard form agreement. The agreement was later amended by Mr. Shepherd, but Mr. Baster repudiated the contract after the amendment. Mr. Shepherd sought specific performance, arguing that a binding contract had been formed, and that the breaches justified a termination notice. He also sought damages for alternative accommodation, additional building costs, and loss of opportunity to subdivide the property.

The legal issues that the court was required to decide included whether a binding contract had been formed between the parties, and if so, whether Mr. Baster's breaches justified a termination notice. The court also had to determine whether Mr. Shepherd was entitled to damages for alternative accommodation, additional building costs, and loss of opportunity to subdivide the property. The court considered the principles of equity and contract law in relation to the formation of a binding contract, the effect of amendments to a written agreement, and the remedies available for breach of contract.

The court held that a binding contract had been formed between the parties, and that Mr. Baster's breaches justified a termination notice. The court found that the verbal offer and subsequent signing of a standard form agreement, followed by an amendment to the agreement, constituted a binding contract. The court also found that Mr. Shepherd was entitled to damages for alternative accommodation, additional building costs, and loss of opportunity to subdivide the property. The court held that the principles of equity and contract law were the same in this regard, and that Mr. Shepherd was entitled to the remedies sought.

The final orders of the court were that specific performance of the contract for the sale of land be granted, and that Mr. Baster be ordered to pay damages to Mr. Shepherd for alternative accommodation, additional building costs, and loss of opportunity to subdivide the property. The court also ordered that Mr. Baster be liable for costs of the action.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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