Sydney has been briefed to both appear and advise in numerous cases involving the sale of land. These range from sale of units off the plan to sales of significant development blocks including rural land holdings and pubs.
In his cases, various issues have arisen for consideration, including:
- Whether one party is entitled to issue a notice to complete or notice to perform
- Whether the vendor can compel completion, or whether its own performance (or lack of performance), is a basis to resist completion
- Whether a notice to complete is valid or can be impugned
One such case in point was the Supreme Court Equity Division matter Spark Property Pty Ltd v Mammone & Cristofaro. Sydney is currently briefed in a Supreme Court Equity Division matter where specific performance is being sought for a contract for the sale of land.