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Australia Leading Case specific performanceestates and interests

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance)

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

Summary

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

Key Principle

Equity grants specific performance of land sale contracts unless unjust; the presumption is that land is unique.

Area of Law

property

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