Are damages always an inadequate remedy for breach of contract relating to Australian land?
A. Yes. So far the Australian courts have adhered to the principle that land has a 'peculiar and special value' and applied a strong presumption that damages are inadequate. Although specific performance may be refused on other discretionary grounds.
B. No. Mass-produced real estate is not unique and can be treated the same as any other consumer product. Damages will often be adequate because they will allow the plaintiff to buy an equivalent piece of land on the market: Semelhago v Paramadevan.
C. Yes. The courts will never refuse to grant specific performance in favour of a purchaser of land.
D. No. Equitable remedies are always discretionary so damages may or may not be adequate for a breach of a contract related to the sale, mortgage or lease of land.