Federal Court of Australia
~
. *
JUDGMENT No. S54 B21 CATCHWORDS
VENDOR AND PURCHASER - Specific performance of contract for sale of land - tame not of essence - failure of vendor to obtain registration of units by due date - validity of notice of
rescission by vendor - waiver - unconscionable conduct.
C.S.8S. INVESTMENTS PTY. LIMITED Appellant - and - LOPIRON PTY. LIMITED Respondent
CORAM: FISHER, GALLOP AND DAVIES JJ. 19 OCTOBER 1987
CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. A.C.T. G3 of 1987
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY
BETWEEN:
C.S.S. INVESTMENTS PTY. LIMITED Appellant
- and -
LOPIRON PTY, LIMITED
Respondent
MINUTES OF ORDER JUDGES MAKING ORDER B FISHER, GALLOP & DAVIES JJ.
WHERE MADE
CANBERRA
DATE OF ORDER
19 OCTOBER 1987
THE COURT ORDERS THAT:
1. The appeal be allowed for the purpose of deleting from the order under appeal the order that there be judgment for the plaintiff for damages for breach of contract to be assessed.
2. The issue as to damages be remitted to the trial judge.
3. The appeal otherwise be dismissed with costs to be paid
by the appellant to the respondent.
Note: Settlement and entry of orders 15 dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G3 of 1987
) ) ) ) DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
C.5.5. INVESTMENTS PTY. LIMITED Appellant
- and -
LOPIRON PTY. LIMITED
Respondent
REASONS FOR JUDGMENT
CORAM: Fisher, Gallop and Davies JJ.
19 October 1987
Fisher J.: This 15 an appeal by C.S.S. Investments Pty. Limited ("C.S.5.") from a decision of the Supreme Court of the
Australian Capital Territory given on 24 December 1986.
This decision was given in proceedings commenced in that Court by the respondent to this appeal, Lopiron Pty. Limited ("Lopiron") seeking primarily specafic performance of an agreement for sale and purchase made on 26 September 1985 ("the agreement") wherein C.S.S5. was the vendor and Lopiron was' the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate