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Telfer v Fairfax [2016] NSWSC 60 — Equity & Damages — Barrister AI

Telfer v Fairfax

[2016] NSWSC 60

Supreme Court of NSW

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Interrogate

Catchwords

1. Equity
2. › competing equitable charge over property and equitable interest in property of a purchaser under a contract of sale
3. › where the equities are equal the first in time prevails
4. › equities equal
5. › equable charge first in time
6. › equitable charge entitled to priority
7. › purchaser’s interest in property under contract of sale valid
8. › purchaser entitled to completion of contract upon payment of amount secured by equitable charge
1. Damages
2. › no express provision in deed for payment of interest on default of timely payment of amounts payable under deed
3. › whether obligation to pay interest implied
4. › no implied obligation to pay interest
5. › payee entitled to compensation for breach
6. › calculation of compensation having regard to interest rate provided for in s 100 Civil Procedure Act 2005 (NSW)
7. › principles applicable
8. › compensation based on statutory interest rate

Case Details

Citation[2016] NSWSC 60

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 2 later cases that cite this judgment.

Cited by2

2017Moss Capital Pty Limited v Queanbeyan-Palerang Regional Council (No 2)NSWLEC 127
2016Telfer v Fairfax (No 3)NSWSC 895

Relies on11

2015Georgios Vasilios Sotiropoulos as executor of the estate of the late Maria Sotiropoulos v Vlasios Vasilios SotiropoulosNSWSC 855
2014Nannup Timber Processing Pty Ltd v Minister for CommerceWASC 438
2014Stratton Finance Pty Limited v WebbFCAFC 110
2014Mainteck Services Pty Ltd v Stein Heurtey SANSWCA 184
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