Farrelly v Woods

Parties: Michael Francis Farrelly (First Plaintiff)
Allison Ann Farrelly (Second Plaintiff)
Glenn Christopher Woods (First Defendant)
Marica Woods (Second Defendant)

Representation: Counsel:
J Pokoney (Plaintiffs)
Solicitors:
Ryan and Ryan Lawyers (Plaintiffs)

File Number(s): 2025/332500

Publication restriction: Nil

JUDGMENT

Revised from transcript; issued on 15 October 2025

1. Before the Court is an application for specific performance of a contract for the sale of land. The land in question is a residential property at Wamberal on the Central Coast of New South Wales. The plaintiffs are the purchasers. The defendants are the vendors.

2. The contract is dated 12 May 2025, and the evidence establishes that contracts were exchanged on that date. The purchase price is $2.7 million with a 10% deposit ($270,000). The contract consists of a Law Society standard form contract for the sale of land (2022 edition) containing 32 standard terms. There are also three additional special conditions.

3. The contract specified the date of completion as being 90 days after the date of the contract, being 11 August 2025. Before that date arrived, negotiations took place between the parties through their respective solicitors concerning the arrangements for settlement. It was eventually agreed that the completion would take place on Monday, 25 August.

4. On that day, the vendors' solicitor advised at about 10:20am that the form of discharge for the vendor's mortgage had not been signed by the second defendant. This resulted in the settlement which had been booked for that date being cancelled. Correspondence continued between the solicitors with the vendor's solicitor suggesting Wednesday 27 August as the settlement date, but the vendors also proved unable to proceed on that date as the second defendant apparently continued to refuse to execute the necessary mortgage discharge form.

5. The present proceedings were commenced on an urgent basis on Friday, 29 August. On that date it came before the duty judge, Lindsay J, who made orders for short service. The court documents were not personally served but there is evidence before the Court that the vendors' solicitor, although he did not receive instructions to act in the proceedings, nevertheless had instructions from the vendors to accept service. There is also an email in evidence which records that the solicitor advised the solicitors for the plaintiffs that he had provided copies of the summons and the associated court documents to each of the defendants.

6. The proceedings came before Bennett J in the duty list on 10 September. There was no appearance for the defendants and her Honour directed that any appearance and any evidence be filed by 19 September. No documents were filed by the defendants in response to this direction and they have made no attempt to defend the proceedings. The last word from the vendors' solicitor came on 18 September where he advised the plaintiffs' solicitor that the mortgage discharge form had still not been signed by the second defendant.

7. In these circumstances, it is clear that the plaintiffs as purchasers are entitled to an order for specific performance. The summons also claims damages for breach of contract and there is evidence before the Court that the plaintiffs have had to incur accommodation costs as a result of the delay in the settlement, and perhaps other costs as well.

8. The convenient course is for the Court to make a specific performance order now and to address any questions of damages which arise after the purchase has been completed in accordance with that order. As the order for specific performance will not finally determine the proceedings, I also propose to reserve costs.

Orders

9. The orders of the Court are:

10. Declare that the Contract for sale of land of 12 May 2025 between the plaintiffs and the defendants in relation to the land in Folio identifier 5/831038, being the property located at 10 Carbeen Road, Wamberal, New South Wales, is valid and enforceable and ought to be specifically performed.

11. Order that the defendants specifically perform the Contract, including by taking such steps or executing such instruments as may be necessary.

12. Adjourn the balance of the proceedings for further mention to the Expedition List on 24 October 2025.

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