Specific Performance of Contracts for the Sale of Land
Thursday, 13 March 2025
UNSW Edge Property Law Intensive
Location: UNSW Law School or Online
Topic: Specific Performance of Contracts for the Sale of Land
Full program link:
https://online.flippingbook.com/view/85864078/
Specific performance bears two meanings :
Enforcement of Contracts: We often encounter situations where there is no dispute that a contract exists, yet controversies arise over actions like the issuance of a Notice to Complete. Is it valid? Is specific performance justified?
Existence of Contracts: Disputes about whether a contract was ever formed can be even more complex. Take, for example, the case of Bugeja v Bugeja [2024] NSWSC 927, involving two brothers in agriculture entangled over a deed influencing an auction and subsequent land sale agreements.
Using Bugeja—a case where the presenter represented two of the parties—as a springboard, the seminar will pragmatically explore from the trenches:
- The different scenarios where specific performance is sought.
- Strategies to challenge or affirm a party’s readiness and ability to fulfill their contractual obligations.
- The types of evidence pivotal in demonstrating one’s preparedness to perform.
Discretionary defenses against specific performance, such as claims of hardship and unfairness, which were significant in the Bugeja trial and judgment.