NSW Caselaw
Reported Decision : 40 ACSR 149
New South Wales Supreme Court
CITATION : National Transport v Smith [2001] NSWSC 1046 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50141/00 HEARING DATE(S) : 29.8.01, 30.8.01, 3.9.01 JUDGMENT DATE : 23 November 2001
PARTIES : National Transport Insurance v Trevor Gregory Smith JUDGMENT OF : Hunter J
COUNSEL : Plaintiff: J Stevenson Defendant: R Parsons SOLICITORS : Plaintiff: Phillips Fox Defendant: Nash O'Neill Tomko Lawyers CATCHWORDS : Mortgagee sale - whether mortgagee lacking good faith or in breach of duty to exercise reasonable care - s420A Corporations Law - sale initiated by invitation to tender - sale effected prior to closing date for tenders - guarantor precluded from submitting tender offer above sale price - whether mortgagee precluded from selling to non tenderer prior to closure of tender process - whether conduct of mortgagee in terms of invitation to tender misleading. Real Property Act 1900 (NSW) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Corporations Law CASES CITED : Forsyth v Blundell (1973) 129 CLR 477 Hawkesbury Valley Developments Pty Ltd v Custom Credit Corporation (unreported, Supreme Court of NSW, 9 December 1994) DECISION : Cross claim dismissed. Plaintiff to bring in short minutes of order in accordance with par 196 of reasons for judgment.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST HUNTER J FRIDAY 23 NOVEMBER 2001 50141/00 NATIONAL TRANSPORT INSURANCE LIMITED -V- TREVOR GREGORY SMITH REASONS FOR JUDGMENT
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