Robert Hay KC Blog

Purchaser

  • When does a deposit become a penalty?

    Deposits hold a special place in contracts for the sale of land and do not fall within the general rules about penalties. Where a purchaser defaults the deposit (customarily 10 per cent) can be forfeited even though the amount of the deposit bears no reference to the anticipated loss to the vendor flowing from the

    Read more →

  • Date of termination confirmed as the date for assessing damages for breach of contract for sale of land

    The general rule is that damages for a breach of a contract for the sale of land are assessed at the date of the breach. The task is usually to compare the contract price with the value of the land a the time of the breach. If the value is greater than the contract price,

    Read more →

  • Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

    A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice

    Read more →

  • $1,000,000 in damages for loss of sperm even though purchaser not out of pocket

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   A wise senior building barrister once said to me that in analysing a legal problem you should “always start with the money” – that is

    Read more →

  • What is the effect of a nominee clause?

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at  http://roberthaybarrister.blogspot.com.au/   What is the effect of a purchaser of land nominating a nominee under a nomination clause contained in the contract: what rights and obligations does

    Read more →

Instagram / TikTok / X

Designed with WordPress