Luhan v Micallef [2017] VSC 246 - Equitable Remedies, Specific Performance, summarily grant of specific performance
Mukhtar AsJ in this matter granted specific performance of a contract for the sale of land in favour of purchasers “with clean hands”. It is not the intention of this Case Note To set out and discuss the details of fact and law in this case, but merely to bring to practitioners’ notice his Honour’s careful and thoughtful judgment, particularly to any practitioner advising a vendor attempting to avoid a binding contract and the painful, and no doubt expensive, consequences of failing so to do. One should not rely on the assumption that the only remedy will sound in damages. It is also noted the rather bizarre acts of the unsuccessful vendor (who it must be noted was aged, at the time, 80) in attempting to “terminate” the existing contract, attempted to tender the sum of $67,000, by way of returning the deposit. However, the deposit was $100,000! (see paragraph 18).
G.S. BAKER
Barrister
