NSW Caselaw
[1999] 9 BPR 16,873 Reported Decision : [1999] ANZ ConvR 476 [1999] NSW ConvR 55-894
New South Wales Supreme Court CITATION : BRISONS HOLDINGS v IRONWILL [1999] NSWSC 91 CURRENT JURISDICTION : EQUITY FILE NUMBER(S) : 4325/98 HEARING DATE(S) : 12 February 1999 JUDGMENT DATE : 19 February 1999
BRISONS HOLDINGS PTY LTD PARTIES : v IRONWILL PTY LIMITED & ANOR JUDGMENT OF : Bryson J at 1
COUNSEL : PLAINTIFF: MR P O'LOUGHLIN FIRST DEFENDANT: MR J MASTON PLAINTIFF: REIMER WINTER SOLICITORS : FIRST DEFENDANT: COODE & CORRY SECOND DEFENDANT: SUBMITTING CATCHWORDS : VENDOR and PURCHASER; rescission by P for misrepresentation consisting of error in annexed s.149 (5) Certificate about availability of Development Consent; Development Consent had lapsed 2 years before and s.149(5) Certificate was wrong; P's rescission upheld although V obtained extension of lapsed consent several months after rescission; deposit to be refunded. Conveyancing Act 1919 s 55 (2A) Environmental Planning and Assessment Act 1979 s 149 Environmental Planning and Assessment Amendment Act 1997 Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 cl 16. ACTS CITED : Local Government (Consequential Provisions) Act 32 of 1993 Statute Law (Miscellaneous Provisions) Act (No 2) No 108 of 1993. Batey v Gifford (1997) 42 NSWLR 710 Flight v Booth (1834) 1 Binghams New Cases 370. Glennon v Sullivan (1985) NSW Conv R 55-253 and 61 ALJR 63. DECISION : SEE PARAGRAPH 37
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