On 27 February 2025, the Supreme Court of New South Wales (Pike J) delivered judgment in Tran v Bakour [2025] NSWSC 101, a case in which the plaintiff sought specific performance of a contract for the sale of land in the face of a defence of hardship.

The case concerned a contract for the sale of a residential property in Greenacre, which the defendant had refused to convey to the plaintiff. The defendant raised two defences: first, that the plaintiff had not demonstrated he was ready, willing and able to complete; and second, that the Court should refuse specific performance on the grounds of hardship.

Pike J rejected both defences, finding that the plaintiff had demonstrated his financial capacity to complete.

As to the defence of the hardship, Pike J found that no admissible expert medical evidence had been presented to support the defendant’s claims. Documentary evidence revealed Ms Bakour had, since 2019, repeatedly attempted to sell her property and had been actively looking at other properties to purchase, including making offers and entering into a contract to purchase another property. Of significance was that the defendant had signed a contract to purchase another property just eleven days after selling her home.

The Court held that “there is nothing unusual or extraordinary to enable the Court to conclude that ordering specific performance would impose any significant hardship on the defendant” and that “the likely explanation for [the defendant’s] actions in seeking to rescind the contract for the Property, is that she was told by her children that she was doing the wrong thing and that she should not sell the Property.”

Pike J ordered the contract be specifically performed within 28 days.

Peter Newton SC and Michael Hazan appeared for the plaintiff, instructed by McCabes Lawyers.

Link to judgment: https://www.caselaw.nsw.gov.au/decision/1953a3260a0c408da2758f5b