NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Prominence Apartments Pty Limited v Edgar Yan Kai Hung [2020] NSWDC 478 Hearing dates: 20 July 2020 21 July 2020 22 July 2020 23 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Civil Before: Montgomery DCJ Decision: 1 The principal proceedings be dismissed. 2 Plaintiffs/Respondents to pay the Applicants'/Defendants' costs of Notice of Motion filed 5 July 2020. Catchwords: Mercantile Law – Contracts – General Contractual Principles – Civil Procedure Act 2005 (NSW) s 73 – Corporations Act 2001 (Cth) s 129 – Principles of Masters v Cameron (1954) 91 CLR 353 – Agreements contemplating execution of formal document Legislation Cited: Civil Procedure Act 2005 (NSW) s 73 Corporations Act 2001 (Cth) ss 128, 129 Cases Cited: Masters v Cameron (1954) 91 CLR 353 Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd (2015) NSWCA 1 Category: Principal judgment Parties: Prominence Apartments Pty Limited (First Plaintiff)
Austcorp Development Fund No.1 Pty Limited (Second Plaintiff)
Edgar Yan Kai Hung (First Defendant)
Austcorp Group Pty Limited (Second Defendant) Representation: Counsel:
Mr Lachlan Currie (First and Second Plaintiffs)
Mr Ted Tzorvaras (First and Second Defendants)
Solicitors:
Aptum Legal (First and Second Plaintiffs)
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