Supreme Court - Trial Division

Evans & Anor v Robcorp Pty Ltd & Anor [2014] QSC 026 ; [2015] 2 Qd R 111 (13/12076) Peter Lyons J 13 February 2014 (delivered ex tempore)

Full-text: QSC14-026.pdf


EQUITY EQUITABLE REMEDIES SPECIFIC PERFORMANCE RELEVANT CONSIDERATIONS AND DEFENCE MATTERS HARDSHIP INABILITY TO COMPLY WITH ORDER where there was evidence that the respondent purchaser does not have the financial capacity to perform its obligation under the contract for the sale of land where the applicant vendors seek summary judgment for specific performance of the contract where the impecuniosity of the respondent arose subsequent to the contract whether specific performance might be refused on the basis of hardship on the respondent, or on the basis that it could not comply with the order.