The Court granted default judgment for specific performance of a contract for sale of land under UCPR r 16.10 where the vendor failed to enter an appearance, following Dandaloo Pty Ltd v Iali and Hutchinson v AD Securities America LLC. The Court confirmed that on default, the vendor is taken to have admitted the pleaded allegations and there is no need for the purchaser to prove readiness, willingness and ability to complete, nor to independently verify the statement of claim. The Court declined to make anticipatory directions for non-compliance, instead reserving liberty to the purchaser to apply for further orders including assessment of delay damages if the contract is not completed.
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