Tincknell v Duthy Homes Pty Ltd; Duthy Homes Pty Ltd v Tincknell (No 2)

The Full Court of the Supreme Court of South Australia heard appeals and cross-appeals concerning a dispute between Tincknell and Duthy Homes Pty Ltd. The primary dispute involved a contract for the sale of land, where Tincknell sought to terminate the contract and recover his deposit, while Duthy Homes sought to retain the deposit and claim damages for breach of contract.

The court was required to determine whether Tincknell had validly terminated the contract, whether Duthy Homes had breached the contract, and the appropriate assessment of damages. Further issues included the court's power to award interest on the judgment sum and the apportionment of costs.

The court found that Duthy Homes had breached the contract by failing to complete the sale within the agreed timeframe. However, it also found that Tincknell had not validly terminated the contract, as his purported termination was premature. Consequently, the court ordered that the deposit be returned to Tincknell, but Duthy Homes was awarded damages for Tincknell's breach. The court exercised its discretion to award interest on the judgment sum and made orders regarding the costs of the proceedings.