Federal Court of Australia
ut
.* GUNG ENT Mo, 736, Blam
CATCHWORDS
CONTRACT - payment - whether in the particular circumstances of the case moneys deposited could be repaid at any time or only on request or by agreement —- whether a valid tender of a cheque had been made - whether tender of a company cheque
could amount to repayment.
YERBA PTY LIMITED v STIRLING PROPERTIES LIMITED
No. VG 234 of 1987
Woodward, Sheppard and Jenkinson JJ. 23 December 1987 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
GENERAL DIVISION
No. VG234 of 1987
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
YERBA PTY LIMITED
Appellant AND:
STIRLING PROPERTIES LIMITED
Respondent
MINUTES OF ORDER
JUDGES: Woodward, Sheppard and Jenkinson JJ.
DATE
PLACE Melbourne
THE COURT ORDERS THAT:
23 December 1987
The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VG234 of 1987
GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
YERBA PTY LIMITED
Appellant AND:
STIRLING PROPERTIES LIMITED
Respondent
JUDGES: Woodward, Sheppard and Jenkinson JJ.
DATE : 23 December 1987
PLACE : Melbourne
REASONS FOR JUDGMENT
THE COURT This is an appeal from a judgment of the Supreme Court of the
Australian Capital Territory (Miles CJ, Stirling Properties Ltd v
Yerba Pty Ltd 1987 74 ACTR 1) in which the Supreme Court made a declaration that the respondent ("Stirling") by notice in writing dated 25 June 1987 validly exercised an option granted to it by deed dated 24 December 1985, to acquire from the applicant ("Yerba") five million units in the Stirling Property Trust. The
Supreme Court also ordered that, upon payment by Stirling of the
2. purchase price by midday on Wednesday, 26 August 1987, Yerba forthwith deliver up to Stirling a duly executed transfer of such units together with the certificates relating to them. The Court also granted consequential injunctive relief restraining Yerba from dealing with the units and from exercising voting rights attached to them. Yerba was ordered to pay Stirling's costs of
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