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Court of Appeal dismisses appeal and upholds decision of the High Court making an Order for specific performance of a contract for the sale of land, on the grounds that: (a) the fact that there may be a dormant boundary dispute affecting the property for sale does not mean that specific performance of the contract should not be ordered on the grounds of impossibility; (b) there was no factual basis to support the argument on behalf of the appellant and his partner that the trial judge should have refused to make an order for specific performance on the grounds of hardship; (c) no case was established that the appellant’s father would suffer a hardship arising from the sale of the family home such that an award of specific performance of the contract should be refused; and (d) the trial judge did not err in law by making an order for specific performance of the contract rather than awarding damages in lieu of specific performance.
Costello J (nem diss): Appeal of an order for specific performance of a contract for the sale of land - a contract for sale was executed by the appellant in the presence of his solicitor whereby he agreed to sell the property to the respondent for €460,000 - the appellant failed to complete the sale and the respondent instituted proceedings seeking specific performance - whether performance of the contract is impossible by virtue of the boundary dispute that exists in relation to the property - whether specific performance should be refused because of the alleged hardship which the appellant, his partner and his father would suffer if the contract was to be completed - whether damages should be awarded in lieu of specific performance - appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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