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ARTICLE · 09 MARCH 2015

Converting actions for specific performance to damages and new rules for disputed deposits

HopgoodGanim
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This Alert examines a recent property case of a claim for damages and the new rules for dealing with disputed deposits.

AustraliaReal Estate and Construction
Anthony Pitt
Anthony Pitt
Hayley Schindler
Hayley Schindler
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In this Alert, Special Counsel Anthony Pitt and Solicitor Hayley Schindler examine a recent New South Wales decision regarding a vendor's right to sue for specific performance of an uncompleted sales contract and to later decide to instead pursue a claim for damages, as well as the new rules for dealing with disputed deposits under the Agents Financial Administration Act 2014 (Qld) (AFAA).

Galafassi v Kelly [2014] NSWCA 190

In Galafassi, Susan Kelly, the co-founder of Industrie clothing, contracted to sell her residential property in Paddington, Sydney for $6.35 million. The purchasers were Toni Galafassi (formerly Toni Collette, star of Muriel's Wedding and more recently United States of Tara) and her musician husband David Galafassi.

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