Maria Di Giannantonio v Michael Di Giannantonio

[2025] NSWSC 346

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Deeds
2. › Execution and attestation
3. › Intention to create deed
4. › Delivery in escrow
5. › Intention by parties delivering deed to be immediately bound on condition that deed becomes effective only upon execution by other party
6. › Held: Deed effective immediately upon satisfaction of escrow condition.
1. Equity
2. › Unconscionable conduct
3. › Whether defendants’ execution of deed procured by plaintiff taking unconscientious advantage of alleged special disadvantage of first defendant
4. › Held: No. Special disadvantage not established.
1. Contracts
2. › Contracts Review Act 1980 (NSW)
3. › Whether deed unjust
4. › Held: No.
1. Equity
2. › Equitable remedies
3. › Specific performance
4. › Where the plaintiff has carried out her obligations under the deed
5. › Where defendants are in default under the deed
6. › Held: Specific performance of the deed ordered.