Sale of land – the Ongs, as vendors, and CS1 Evaline, as purchaser, entered into a contract for the sale of land at Campsie – the Ongs had given an option to another company to purchase the property, and CS1 Evaline had been assigned that option – the contract was not completed on the appointed day, apparently because CS1 Evaline wanted more time – eventually, the solicitors acting for the Ongs issued a notice to complete to the solicitors acting for CS1 Evaline – the day before completion was due under the notice to complete, CS1 Evaline’s solicitors notified the Ongs’ solicitors that CS1 Evaline was ready, willing, and able to complete – the solicitors for CS1 Evaline also noted that the company who had originally been granted the option to purchase had lodged a caveat that was still on the title to the land, and that that caveat would have to be removed to allow settlement to proceed – the caveat was removed late in the afternoon of the day on which settlement was required, but CS1 Evaline’s solicitors were not notified of this – CS1 Evaline commenced proceedings, seeking an order for specific performance of the contract of sale – the Ongs contended that the notification regarding the need to remove the caveat had been made too late, and had been an attempt to delay settlement – held: the Ongs’ position was legally untenable – the Ongs had been obliged to provide clear title on the date of settlement – this included removing the caveat and notifying the purchaser of its removal – the purchaser had no obligation to remove the caveat – on the evidence before the Court, there was no reason to think that CS1 Evaline lacked the funds to complete the transaction on the day settlement was required under the notice to complete – declaration made that the contract remained on foot – order for specific performance made.
