The applicant sought specific performance of an agreement of purchase and sale for a residential property after the vendors refused to close unless the purchaser assumed an existing tenant.
The court held that the agreement unequivocally required vacant possession, the entire agreement clause barred reliance on alleged pre-contract discussions, and the vendors' refusal constituted anticipatory breach.
Applying the modern specific performance framework, the court found the property sufficiently unique to this purchaser, particularly given neighbourhood characteristics and affordability in a rapidly rising market, and held that damages would be inadequate.
Delay in commencing the application and alleged hardship to the vendors did not disentitle the applicant to equitable relief.
