Carter v Mehmet

[2021] NSWCA 286

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Conveyancing
3. › Contract for sale
4. › Requisitions on title
5. › Requirements for valid requisition
6. › Whether requisitions sufficiently specific
7. › Whether vendor's response adequate
8. › Whether failure to answer requisitions constitutes repudiation
1. Land Law
2. › Conveyancing
3. › Contract for sale
4. › Defect in title
5. › Whether presence of Aboriginal objects on land constitutes defect in title
6. › Whether Crown's deemed property in Aboriginal objects constitutes interest in land
7. › National Parks and Wildlife Act 1974 (NSW), ss 5, 83
1. Land Law
2. › Conveyancing
3. › Contract for sale
4. › Termination in accordance with rule in Flight v Booth
5. › Whether defect material or substantial
6. › Whether presence of memorial stone and plaque affected contract in material or substantial way
1. Contracts
2. › Termination
3. › Repudiation
4. › Erroneous construction of contract
5. › Whether insistence on payment of default interest constituted repudiation
6. › Whether party evinced intention no longer to be bound

Quick Take

Requisitions on title based on a 'plausible contention' of a defect must meet the specificity requirements for valid requisitions, and a vendor's obligation to respond is calibrated to the degree of certainty with which the defect is asserted and the vendor's own knowledge.