ZK Lawyers

14/10/2021

03/12/2020

Judgment Just In:
The Court of Appeal has unanimously dismissed an appeal from a decision of the Supreme Court of New South Wales, which held that a purchaser validly rescinded a contract for the sale of land in rural New South Wales pursuant to a clause in the contract which entitled the purchaser to do so if an area of land excluded from the sale exceeded “2100m2”. The contract was expressed to be conditional on registration of a plan of subdivision in accordance with a plan which was annexed to the contract. The plan incorrectly specified the area of the excluded lot as “2001m2”; the correct area was in fact 2205m2. The vendor argued that it had complied with the contract and the purchaser should not be able to take advantage of an absurd mistake. The Court of Appeal agreed that read literally the contract was absurd, but held that it was not possible to rectify the contract.
Read the judgment here: https://bit.ly/3lxIKjv
Summary: https://bit.ly/37ta79o

06/11/2018

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11/10/2018

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