Recent Cases

Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207 (19 October 2022) (Meagher, Brereton and Mitchelmore JJA)


Catchwords:


CONTRACTS – Remedies – Specific performance – Requirement that plaintiff be ready, willing and able to perform its obligations under contract – Presumption in UCPR r 14.11 that a statement to that effect is implied in pleading – Plaintiff’s readiness, willingness and ability not traversed in defence and therefore taken to be admitted – Issue not resurrected in cross-examination such as to require evidence to be adduced – No error in primary judge’s conclusion that plaintiff was ready, willing and able to perform its obligations

APPEALS – Procedure – Grounds of appeal not formally abandoned but not canvassed in written reply submissions and expressly not supported in oral submissions – Grounds taken to raise no issue of principle – Disposal “in short form” under Supreme Court Act 1970 (NSW), s 45(4) and UCPR r 51.55