Hong v Gui

[2022] NSWCA 245

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Contract for sale of land
3. › Termination
4. › Wrongful termination
5. › Whether wrongful termination constitutes repudiation
6. › Vendor giving notice to complete without having provided land tax certificate
7. › Whether reasonable recipient of notice would understand vendor's conduct as refusal to perform
8. › Vendor's conduct to be understood in context of prior communications and purchaser's silence
9. › Land Tax Management Act 1956 (NSW), s 47
1. Contract
2. › Contract for sale of land
3. › Repudiation
4. › Objective assessment of repudiatory intent
5. › Whether party bona fide relying on contractual right of rescission repudiates by mistaken exercise of that right
6. › Notice of termination not to be viewed in isolation from surrounding circumstances
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Rejection of offer of compromise
5. › Whether rejection unreasonable where successful ground raised in pleadings before offer served

Quick Take

A vendor's wrongful termination of a contract for sale of land does not constitute repudiation where the vendor's prior conduct demonstrates an intention to complete, particularly where the purchaser has failed to respond to communications or attend settlement, and the vendor's error was inadvertent rather than deliberate.