Playup Australia Pty Ltd v Kay

[2019] NSWSC 771

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › construction and interpretation
3. › share sale agreement
4. › whether the purchaser’s obligation to make deferred payments dependent on seller’s obligation to ensure adjustments made on completion
5. › where parties agreed time was of the essence in relation to the purchaser’s obligation to make the deferred payments
6. › whether parties agreed that the “Date of Completion” was a different date to “Completion”
7. › whether seller no longer bound by restraints and warranties in the agreement
1. Equity
2. › equitable remedies
3. › relief against penalties
4. › clause in share sale agreement provided that restraints and warranties made by defendant are void if payment not made within seven days of due date
5. › whether that clause is a penalty and unenforceable
1. Equity
2. › equitable remedies
3. › relief against forfeiture
4. › non-proprietary rights in the form of restraints and warranties conferred by agreement
5. › whether purchaser should have relief against forfeiture of those rights