NSW Caselaw
New South Wales Court of Appeal CITATION : Tobias & Anor v QDL Ltd & Ors [1999] NSWCA 343 FILE NUMBER(S) : CA 40708/97 HEARING DATE(S) : 24 August 1999 JUDGMENT DATE : 29 September 1999
Aitan Ian Tobias Aitan Trading Pty Ltd PARTIES : v QDL Ltd Gregory Hall GW Hall and PP Carter JUDGMENT OF : Mason P at 1; Meagher JA at 2; Giles JA at 3
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : 1995/96 LOWER COURT JUDICIAL OFFICER : Simos J
COUNSEL : A: L Aitken, D Raphael 2-3R: D Officer QC, J Sexton SOLICITORS : A: David Landa Stewart, Broadway 2-3R: Price Waterhouse, Sydney CATCHWORDS : BILLS OF SALE - Bills of Sale Act 1898, ss3, 4, 5 - Whether trader's bill of sale invalid - Whether, if it was, there could be rectification of the non-compliance - Whether, if it was not, the equitable charge was consequentially invalid - Statutory declaration as part of the same document - Whether trader's bill of sale set forth the usual name or style under which the business was carried on - Meaning of "set forth". ACTS CITED : Bills of Sale Act 1898 DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40708/97 ED 1995/96 MASON P MEAGHER JA GILES JA Wednesday, 29 September 1999
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