PROCEDURE - civil - judgments and orders - interpretation of orders - whether interlocutory order "until further order" ceases to operate when final orders made - where final judgment does not expressly dissolve interlocutory order
PROCEDURE - civil - effect of judgment - where order for specific performance determined amounts paid under contract and amount of purchase price unpaid - where order for specific performance not challenged on appeal - whether plaintiff able to argue that payments made by purchaser not actually made in discharge of contractual obligations
CONTRACT - sale of land - termination - where contract subject to order for specific performance - whether termination valid without court order vacating order for specific performance - whether notice to complete necessary to make time of the essence - whether delay in paying unpaid purchase price repudiatory conduct giving rise to right of termination
PROCEDURE - civil - application to set-off - whether third and sixth defendants entitled to set off remaining unpaid purchase price against costs awards in their favour
Case Details
Citation[2014] NSWSC 1002
CourtNSWSC
JurisdictionNew South Wales
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