Harris v Smith and ors [2008] NSWSC 545 — Rectification & Warranties — Barrister AI

Harris v Smith and ors

[2008] NSWSC 545

Supreme Court of NSW

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Interrogate

Catchwords

1. Contract
2. › RECTIFICATION
3. › DEFENCES
4. › where retransfer of mistakenly transferred land to vendors is appropriate remedy after order for rectification
5. › whether restitutio in integrum relevant to suit for rectification
6. › whether rectification and retransfer possible where a bona fide third party has taken an interest in the land
7. › whether rectification and retransfer possible where contract no longer capable of performance
8. › whether rectification and retransfer is inutile.
1. Contract
2. › RECTIFICATION
3. › IMPLIED TERMS
4. › relationship between implication of terms and rectification
5. › where rectification of the contract would require provision for subdivision of the subject land
6. › whether terms providing for subdivision of land can be implied into the contract for sale
7. › whether rectification impossible due to uncertainty of terms in respect of subdivision
8. › whether implication of terms requires same standard of certainty of content as suit for rectification.
1. Contract
2. › WARRANTIES
3. › breach of warranty
4. › whether Schedule of Lands attached to but not referred to in contract amounted to a warranty by vendor of total area land to be transferred
5. › whether regard can be had to evidence extrinsic to contract to determine if Schedule is a warranty
6. › DAMAGES
7. › interest.

Case Details

Citation[2008] NSWSC 545

CourtNSWSC

JurisdictionNew South Wales

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