Storey v Britton
Client Win: Specific Performance and the Importance of Being Ready, Willing and Able
We recently acted for the plaintiffs in Storey v Britton, a dispute before the Supreme Court of Queensland concerning the sale of a residential property. The contract allowed for staged deposit payments, delayed settlement, and early possession under a side deed following an initial deposit.
Our clients paid the first deposit instalment ($125,000 due on 2 February) in two parts—$90,000 on 1 February and $35,000 on 4 February—two days past the due date. Despite this, both parties continued to act as though the contract remained on foot.
On 12 February 2024, the vendors (Brittons) attempted to terminate for breach of an essential term. We argued that their conduct following the deposit payments amounted to affirmation of the contract.
The outcome: The Court agreed, finding the Brittons had affirmed the contract. Specific performance was ordered in favour of our clients.
Key Takeaways
- Consistent Conduct Matters
The Storeys remained firm that the contract was on foot. In contrast, the Brittons’ inconsistent behaviour undermined their attempt to terminate. - Be Ready, Willing & Able
Specific performance hinges on a party proving they’re prepared to meet their obligations. The Storeys did just that—positioning themselves so that the Court could make the equitable remedy. - Early Legal Advice Pays Off
Timely legal guidance allowed the Storeys to stay on track and preserve their position, even when it looked like the Brittons wouldn’t settle. This set them up for the best possible outcome when the matter proceeded to trial.
Need strategic advice on a property dispute?
Our team has extensive experience navigating complex contract disputes, including where specific performance and equitable remedies are at stake. Whether you’re enforcing a contract or responding to a termination attempt, we’re here to guide you every step of the way.