Zorbas v Titan Properties (Aust)

In the case of Zorbas v Titan Properties (Aust), the plaintiff, Zorbas, sought relief against the defendant, Titan Properties, in the Supreme Court. The dispute revolved around a breach of contract concerning the sale of land. The plaintiff alleged that the defendant had breached the agreement by failing to complete the purchase within the specified timeframe, resulting in the expiration of development consent. Additionally, it was claimed that the defendant or one of its related companies had demolished cottages on the land, which was a material breach of the contract terms.

The primary legal issue before the court was whether specific performance should be ordered in favour of the plaintiff, given the defendant's repeated breaches of contract. The court had to consider the extent to which the breaches had prejudiced the plaintiff and whether the breaches were sufficiently serious to warrant an order for specific performance. Additionally, the court needed to determine the appropriate time frame within which the defendant should complete the purchase and the manner in which the order for specific performance should be served.

The court found that the defendant had indeed breached the contract through its actions and inactions. The breaches were considered significant, as they resulted in the loss of development consent and the demolition of cottages on the land. The court emphasised the importance of timely completion in real estate transactions and noted that the defendant's delays were unreasonable. In light of these findings, the court concluded that specific performance was an appropriate remedy. The court ordered that the defendant complete the purchase within a specified period and directed that the order for specific performance be served in a manner that ensured compliance by the defendant.