Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Balani Pty Ltd v Gunns Limited [2011] FCAFC 153 Citation: Balani Pty Ltd v Gunns Limited [2011] FCAFC 153
Appeal from: Gunns Limited v Balani Pty Ltd [2011] FCA 431
Parties: BALANI PTY LTD (ACN 122 390 738) and PSAL LIMITED (ACN 118 825 120) v GUNNS LIMITED (ACN 009 478 148)
File number: TAD 30 of 2011
Judges: KEANE CJ, FINN AND STONE JJ
Date of judgment: 5 December 2011
Catchwords: CONTRACT – purchase of land - purchase price paid - right of termination by either party if conditions precedent not satisfied - contract validly terminated - purchase price not repaid - mortgage over land registered by vendor's creditors, with consent of purchaser, in exchange for mortgagees' acknowledgement to do all acts necessary to give effect to contract between vendor and purchaser - whether acknowledgement gave rise to a right of purchaser to recover purchase price from mortgagors in the event of sale of the land
Legislation: Land Titles Act 1980 (Tas)
Cases cited: Bahr v Nicolay (No 2) (1988) 164 CLR 604 referred to Breskvar v Wall (1971) 126 CLR 376 referred to Brown v Heffer (1967) 116 CLR 344 cited Chang v Registrar of Titles (1976) 137 CLR 177 cited Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 referred to Davies v Littlejohn (1923) 34 CLR 174 cited Hewett v Court (1983) 149 CLR 639 cited Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1 referred to Loke Yew v Port Swettenham Rubber Co Ltd [1913] AC 491 referred to McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 referred to Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 referred to Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 referred to Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 referred to
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