Zhu v Snell

The case of Zhu v Snell involved the parties Zhu and Snell, with a dispute concerning the sale of a property. The dispute reached the court where the issues included the validity of the termination of a contract for the sale of land, whether subsequent actions by the parties amounted to a revival of the contract, and the validity of a notice to complete. Additionally, the court had to determine if the second defendant had an equitable interest in the property prior to the exchange of contracts, whether the plaintiff was on notice of such an interest, and if any equitable interest of the second defendant was postponed to that of the plaintiff. Finally, the court considered whether the plaintiff was entitled to specific performance, if they were ready, willing, and able to complete the sale, and whether specific performance should be denied on the grounds of impossibility or hardship, or if damages were an adequate remedy.

The court examined the validity of the contract termination, the subsequent actions of the parties, and the effect of the notice to complete. It was determined that the contract had been validly terminated, and that the subsequent conduct did not amount to a revival of the contract. The court also found that the second defendant did not have an equitable interest in the property prior to the exchange of contracts, and that the plaintiff was not on notice of any such interest. Furthermore, the court held that any equitable interest of the second defendant was not postponed to that of the plaintiff.

The court concluded that the plaintiff was entitled to specific performance of the contract, as they were ready, willing, and able to complete the sale. The court found that specific performance should not be denied on the basis of impossibility or hardship, and that damages were not an adequate remedy in this case.

The final orders of the court granted the plaintiff specific performance of the contract for the sale of the property. The court ordered the defendants to complete the sale in accordance with the terms of the contract, and awarded costs to the plaintiff.