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Australia relief against forfeiturespecific performanceland sale

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance)

[2003] HCA 57
JurisdictionAustralia
CourtHigh Court of Australia
Year2003
StatusBinding authority

Key Principle

Equity will not relieve a defaulting purchaser against a vendor's exercise of a contractual right to terminate a land sale contract for failure to complete by an essential time stipulation unless the vendor's conduct in terminating is unconscientious in the strict equitable sense; mere hardship or 'accident' is not enough.

Area of Law

property

Related Cases

Zheng v Cai (2009) 239 CLR 446
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22
Western Australia v Ward (2002) 213 CLR 1

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