Leave Judgment: Erceg v Balenia Ltd

Judgment: 27 May 2009

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed with costs of $2,500 to the respondent.

REASONS

[1] The applicant seeks leave to appeal against a judgment of the Court of Appeal upholding a judgment of the High Court which ordered specific performance by the applicant of an agreement to purchase three yachts.

[2] The proposed grounds of appeal are concerned with whether the applicant was able to rely on a solicitors’ approval clause under which named solicitors had to be satisfied that the respondent had clear title to the yachts. The applicant ceased to retain the solicitors named in the agreement for that purpose. A further ground concerned whether specific performance should have been ordered given what was said to be the likelihood of disputes over the respondent’s clear title.

[3] We are satisfied that the main authority cited by the applicant, which relates to cancellation of a contract and not to an application for an order for specific performance, is not in point and that there is no prospect of the applicant succeeding in an appeal on any of the proposed grounds for appeal.

[4] Accordingly, leave to appeal is refused.

Full judgment (PDF)

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