› vendors required to use either reasonable endeavours or best endeavours to cause plan of subdivision to be registered
› plan not registered by required date
› whether vendor entitled to rescind
› rescissions ineffective
Contracts
› causation
› principle that a party cannot exercise a right in reliance on an event that results from its own default
› whether innocent party must prove that default materially contributed to the occurrence of the event or prove on balance of probabilities that default caused the event
› party not able to exercise a right of rescission if it has materially contributed to the occurrence of the event that gives rise to the right
Contracts
› damages
› date of assessment
› where defendants repudiated contracts by invalid rescission
› subject matter of contract subsequently sold by receiver
› plaintiffs terminated contracts shortly before hearing
› whether date of assessment is date of termination or earlier date
› damages assessed at date of termination
Contracts
› damages
› loss of bargain damages
› requirement of plaintiff to prove it was ready, willing and able to perform its obligations
› standards of readiness, willingness and ability for termination for breach and proof of damages
› plaintiffs ready, willing and able to complete up to time of termination
Case Details
Citation[2017] NSWSC 1388
CourtNSWSC
JurisdictionNew South Wales
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