NSW Caselaw
New South Wales District Court
CITATION: Marguerite Pocknell v Payce Properties Pty Ltd [2008] NSWDC 5
HEARING DATE(S): 22/11/07
JUDGMENT DATE: 7 February 2008
JUDGMENT OF: Rein SC DCJ
DECISION: Verdict and judgment for the defendant. Plaintiffs to pay defendant's costs.
CATCHWORDS: Contract for Sale of Land, whether validly rescinded, based on failure of vendor/developer to provide a certificate of insurance and/or to enter into a contract of insurance. Whether Option Deed is a Contract for Sale of land - Principles of construction of a commercial contract
Home Building Act 1989; s.96(1), s.96A, s.92 LEGISLATION CITED: Home Building Regulation 2004; Cl.66, Cl.74(2) Home Building Amendment (Insurance Exemptions) Regulation 2003; Cl 57BC, Cl.74
Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Toll (FGCT) Pty Ltd (formerly Finemores GCT Pty Ltd) v Alphapharm Pty Ltd (2004) 219 CLR 165 Equuscorp Pty Ltd v HGT Investments Pty Ltd (2005) 218 CLR 47 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 CASES CITED: Hillas & Co Ltd v Arcos Ltd [1932] UKHL 2 McCann v Switzerland Insurance Australia Ltd. (2000) 176 ALR 711 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Waterways Authority of New South Wales v Coal & Allied (Operations) Pty Limited [2007] NSWCA 276 Fitzgerald v Masters (1956) CLR 420
Marguerite Pocknell (First Plaintiff) PARTIES: Tracy Davidson (Second Plaintiff) Paul Lytwyn (Third Plaintiff) Payce Properties Pty Ltd (Defendant)
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