Jeppesons Road Pty Ltd v Di Domenico

[2005] QSC 66

Supreme Court of Queensland

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Interrogate

Catchwords

1. Conveyancing
2. › Relationship of vendor and purchaser
3. › Matters arising between contract and conveyance
4. › Time
5. › Time of the essence
6. › Inability to pay balance purchase price at time for settlement
7. › Whether tender five minutes late entitled vendor to terminate
1. Conveyancing
2. › Relationship of vendor and purchaser
3. › Breach of contract
4. › Breach by purchaser
5. › Remedies of vendor
6. › Rescission
7. › Where time of the essence
8. › Whether vendor ready willing and able to settle
9. › Failure to prepare attornment notices
10. › Whether breach of essential or non-essential term
11. › Residential Tenancies Act 1994 (Qld), s 148
1. Equity
2. › Equitable remedies
3. › Specific performance
4. › Sale of land
5. › Whether unconscientious for vendors to exercise right of termination
6. › Whether relief on ground of 'accident' or 'mistake' available in face of essential time stipulation
7. › Misdirection of settlement funds by financier's solicitors
1. Equity
2. › Equitable remedies
3. › Relief against forfeiture
4. › Sale of land
5. › Whether available after valid termination of contract
6. › No interest in land to attract relief

Quick Take

The misdirection of settlement funds by a buyer's financier's solicitors to a closed bank account does not constitute 'mistake' or 'accident' in the equitable sense so as to make it unconscientious for a vendor to terminate a contract where time is of the essence. A vendor's failure to prepare attornment notices under s 148 of the Residential Tenancies Act 1994 (Qld) is not a breach of an essential term and does not prevent the vendor from being ready, willing and able to settle.