Section 54B — Conveyancing Act 1919 (NSW)

(1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to contracts for the sale or other disposal of land or any interest in land made after the commencement of this section.
(2) The Court may award damages for loss of bargain against a vendor who cannot perform such a contract because of a defect in the vendor’s title.
(3) This section has effect notwithstanding any stipulation to the contrary.
(4) This section applies to land under the provisions of the Real Property Act 1900.

Related sections

• s 53 — Obligation to show title etc
• s 54 — Application of stated conditions to all sales
• s 54A — Contracts for sale etc of land to be in writing
• s 55 — Right of purchaser to recover deposit etc
• s 56 — No rescission by vendor on purchaser’s objections etc until purchaser has reasonable opportunity to waive objections etc
• s 57 — Conditions of sale of land under the provisions of the Real Property Act 1900

Research how courts apply s 54B

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.