Walker Corporation Ltd & Anor v. Australian Nid P/L & Ors [1994] FCA 969

JUDGMENT No. suc Quclol ood Lien

CATCHWORDS

TRADE PRACTICES - agreement for sale of property - Trade Practices Act 1974 (Cth) - s 52 - Fair Trading Act 1987 (NSW) - 8s 42 - whether misleading and deceptive conduct - representations during negotiations for sale of property - whether non contractual promises misleading - s 82 - whether loss or damage suffered.

CONTRACTS - breach of contract claim for sale of property - whether enforceable contract came into existence -

Conveyancing Act 1919 (NSW) - s 54A - whether documents satisfy requirements of writing - whether parties intended to

make concluded bargain.

CONVEYANCING - whether immediate exchange of contracts was condition for removal of property from market - categories of contract for the sale of land and property.

Trade Practices Act 1974 (Cth) - s 51AA, s 52, s 75, s 82 Conveyancing Act 1919 (NSW) - s 54A

Fair Trading Act 1987 (NSW) - s 42

Masters v Cameron (1954) 91 CLR 353 Lezabar Pty Limited v Hogan (1989) 4 BPR 9498

t ite v or wspa Li (1984) 2 eon 82

LIMI A 2.117 and W.

and GEOFFREY SMITH No. NG 513 of 1993

FOSTER J 13 DECEMBER 1994

SYDNEY 13 DEC 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

) No. NG 513 of 1993 ) )

BETWEEN: WALKER CORPORATION LIMITED ACN 001 022 117 and WALKER CONSOLIDATED INVESTMENTS PTY LIMITED ACN 002 069 678 Applicants AND: AUSTRALIAN NID PTY LIMITED ACN 003 493 874 First Respondent TAKESHI NAKAMARU Second Respondent GEOFFREY SMITH Third Respondent JUDGE MAKING ORDERS: FOSTER J DATE: 13 DECEMBER 1994 PLACE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondents costs of

these proceedings.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.