We Are All In This Together!

The recent decision in the case of DGF Property Holdings Pty Ltd v D Federico; DGF Property Holdings Pty Ltd v Butros [2018] NSWSC 344 provides clarity and guidance as to when a court will consider it “just and equitable” to make an order allowing the vendor to rescind an off-the-plan contract with a sunset clause in accordance with section 66ZL of the Conveyancing Act 1919. It is clear from the facts of the case that the court will consider the impact on both the purchaser and vendor when making an order.