DFG Services P/L & Ors v Premier Bay P/L & Ors; Premier Bay P/L & Ors v DFG Services P/L & Ors; Montalto, Mauro v DFG Services P/L & Ors [2018] VSC 168

CONTRACT, GUARANTEE, DAMAGES CLAIM
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Robson J
Parties: 

DFG Services P/L & Ors v Premier Bay P/L & Ors; Premier Bay P/L & Ors v DFG Services P/L & Ors; Montalto, Mauro v DFG Services P/L & Ors

Judgment Date: 
13 April 2018
Catchwords: 

CONTRACT - Property Development Agreement - Specific enforcement - Agreement involved landowners making available land for development by the developer - The Agreement provided Lots 1, 2 and 3 of the landownersÂ’ land to be included in the property development - Landowner refuses to carry out the obligations under the agreement - The developer seeks specific performance.

CONTRACT - Property Development Agreement - Rectification for unilateral mistake - Landowner claims that Lot 1 was not to be included in the contract - Landowner seeks to have the Agreement rectified - Consideration of 'special circumstance'.

GUARANTEE - The landowner under the Property Development Agreement is a company - Its two directors guaranteed the obligations of the landowner - One of the directors seeks to have the guarantee set aside on equitable grounds.

DAMAGES CLAIM - Negligence - Breach of retainer - Breach of duty of care - Wrongs Act 1958 - The landowner seeks damages against its solicitors and accountant, in the event the contract is not rectified, for failing to ensure that Lot 1 was not included in the development.

Citation: 
[2018] VSC 168