Union Link International Pty Ltd v Evan Ji Pty Ltd

Union Link International Pty Ltd sought relief from Evan Ji Pty Ltd for the sale of their business. The dispute centred on whether there had been a repudiation of the contract and whether specific performance was available to the vendor. The court was also tasked with determining if a party was entitled to indemnity costs when a successful argument was introduced for the first time in submissions following the close of evidence.

The central legal issues were the construction of the contract, whether there had been a repudiation, and the availability of specific performance. Additionally, the court considered the circumstances under which a party might be entitled to indemnity costs for a successful argument introduced post-evidence. The court needed to interpret the terms of the contract, assess if there was a valid repudiation, and decide if the vendor could enforce specific performance. Furthermore, the court examined the procedural aspect of whether indemnity costs were appropriate given the timing of the argument.

The court found that there had been no repudiation of the contract by either party. It held that the contract was clear and unambiguous, and neither party had breached it. Regarding specific performance, the court found that it was available to the vendor, as the business's unique nature justified this remedy. The court also ruled that Evan Ji Pty Ltd was entitled to indemnity costs, as the argument was both successful and introduced at an appropriate time in the proceedings.

Evan Ji Pty Ltd was granted specific performance of the contract for the sale of the business, with Union Link International Pty Ltd required to complete the sale as per the contract terms. Additionally, Evan Ji Pty Ltd was awarded indemnity costs for the successful argument introduced in the late submissions.