The Ferawana family sought specific performance of an Agreement of Purchase and Sale for a residential property from the Uracs, or the return of their deposit.
The Uracs maintained that Ferawana failed to close and sought forfeiture of the deposit.
The court found that the purchaser, Ferawana, did not comply with his contractual obligations, including a waived financing condition, and that the vendors, the Uracs, did not breach any duty of good faith or honest performance.
The court dismissed Ferawana's application and granted the Uracs' request for the deposit, finding no basis for relief from forfeiture.
