NSW Caselaw
[1999] 10 BPR 18,011 Reported Decision : [2000] ANZ ConvR 494 [2000] NSW ConvR 55-930
New South Wales Supreme Court CITATION : HAWES & ORS v. CUZENO PTY LTD & ANOR [1999] NSWSC 1167 revised - 26/06/2000 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 4450/98 HEARING DATE(S) : 29 & 30/11 & 1/12/99 JUDGMENT DATE : 14 December 1999
PARTIES : Vicki Lynne Hawes & Ors v. Cuzeno Pty Ltd & Anor JUDGMENT OF : Bryson J at 1
COUNSEL : C. Harris for Plaintiffs D. Warren for Defendants SOLICITORS : Messrs Willis & Bowring for Plaintiffs Vosnakis & Associates for Defendants CATCHWORDS : VENDOR and PURCHASER - sale of home units "Off the plan" - condition for rescission if Strata Plan not registered within 24 months was held to be conditional on vendors complying with Printed Condition A6.1 ("the vendor must do everything to have the plan registered within the plan registration time") - found on the facts that there were breaches of A6.1, the vendors' Notice of Rescission was not effective, and purchasers were entitled to Specific Performance. Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Plumor Pty Ltd v Handley (1996) 41 NSWLR 30 CASES CITED : Woodcock v. Parlby Investments Pty Ltd (1989) NSW Conv.R 55-454 Gardiner v. Orchard (1910) 10 CLR 772 Pierce Bell Sales Pty Ltd v. Frazer & Anor (1974) 130 CLR 575 DECISION : See para. 47
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
TUESDAY 14 DECEMBER 1999
4450/98 VICKI LYNNE HAWES & ORS v CUZENO PTY LTD & ANOR
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