Federal Court of Australia
Federal Court of Australia
Creative Property Holdings Pty Ltd (Trustee) v Car Parks Super Pty Ltd (Trustee) [2021] FCA 1478 File number(s): TAD 3 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 26 November 2021
Catchwords: CONTRACTS – claim for specific performance of a contract for the sale of land – whether binding contract for the sale of land – whether parties intended to be bound only upon the exchange of counterparts – Eccles v Bryant and Pollock [1948] 1 Ch 93 considered and applied CONSUMER LAW – whether by making of offer to sell land respondent engaged in conduct that was misleading and deceptive in breach of s 18 of the Australian Consumer Law
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 s 18
Cases cited: Chillingworth v Esche [1924] 1 Ch 97 Eccles v Bryant and Pollock [1948] 1 Ch 93 Rana v Google Inc (2017) 254 FCR 1 Sindel v Georgiou (1984) 154 CLR 661
Division: General Division
Registry: Tasmania
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 140
Date of hearing: 22 October 2021
Counsel for the Applicant: Mr C Gunson SC with Mr D Edney
Solicitor for the Applicant: Blackwattle Legal
Counsel for the First Respondent: Mr SB McElwaine SC
Solicitor for the First Respondent: Archer Bushby Lawyers
Solicitor for the Second Respondent: Mr P Lunn of Simmons Wolfhagen Lawyers
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