Peter Smythe V Thomas
Question 1: In what court was the case heard?
The case was heard in the New South Wales Supreme Court under the jurisdiction of the equity division.
Question 2: Name the judge and explain his title at the time this case was heard.
The active judge, Justice Rein was seeing this case. At present his Honour Nigel Geoffrey Rein is an admiralty list judge of the supreme courts equity division. (Supreme court of New South Wales, 2013) However, at the time the case of Peter Smythe v Vincent Thomas [2007] NSWSC 844 (3 August 2007), Justice Rein was a district court judge as an acting chief justice. It was not until May 5th 2008 that he was sworn in as a judge of the supreme court. (Supreme Court New South Wales, 2008) In the years that Rein was a district judge, …show more content…
Specific performance is a court ordered remedy in response to a breach in contract. (Clark, 2010) The remedy enforces the breaching party to carry out the contract originally agreed. The specific performance was appropriate in this case as the judge found that a binding contract had been formed between the parties, a specific performance to enforce the contract should be put into effect. Because the ebay auction has qualities both similar and different from a traditional auction, it was found that a contract may exist between vendor and ebay, between ebay and buyer and between vendor and buyer.
The justice also found that the defendants claim to only have created an invitation to treat was unjustified on the grounds that the bid met the time period, the minimum bid, the plaintiff was the highest bidder and didn 't impose a qualification on the bid. It is for these reasons that the judge found a binding contract between the buyer and vendor and henceforth implemented an order for specific performance, instructing the contract to be
The case was heard in the New South Wales Supreme Court under the jurisdiction of the equity division.
Question 2: Name the judge and explain his title at the time this case was heard.
The active judge, Justice Rein was seeing this case. At present his Honour Nigel Geoffrey Rein is an admiralty list judge of the supreme courts equity division. (Supreme court of New South Wales, 2013) However, at the time the case of Peter Smythe v Vincent Thomas [2007] NSWSC 844 (3 August 2007), Justice Rein was a district court judge as an acting chief justice. It was not until May 5th 2008 that he was sworn in as a judge of the supreme court. (Supreme Court New South Wales, 2008) In the years that Rein was a district judge, …show more content…
Specific performance is a court ordered remedy in response to a breach in contract. (Clark, 2010) The remedy enforces the breaching party to carry out the contract originally agreed. The specific performance was appropriate in this case as the judge found that a binding contract had been formed between the parties, a specific performance to enforce the contract should be put into effect. Because the ebay auction has qualities both similar and different from a traditional auction, it was found that a contract may exist between vendor and ebay, between ebay and buyer and between vendor and buyer.
The justice also found that the defendants claim to only have created an invitation to treat was unjustified on the grounds that the bid met the time period, the minimum bid, the plaintiff was the highest bidder and didn 't impose a qualification on the bid. It is for these reasons that the judge found a binding contract between the buyer and vendor and henceforth implemented an order for specific performance, instructing the contract to be