Benson v MacLachlan t/as Sterling Conveyancers [2001] NSWCA 263

Reported Decision : [2001] ANZ Conv R 605 (2002) NSW ConvR 55-995

New South Wales Court of Appeal

CITATION : Benson v MacLachlan t/as Sterling Conveyancers [2001] NSWCA 263 FILE NUMBER(S) : CA 40317/00 HEARING DATE(S) : 17/07/01 JUDGMENT DATE : 15 August 2001

Gary Steven Benson PARTIES : v Morag MacLachlan t/as Sterling Conveyancers JUDGMENT OF : Meagher JA at 1; Handley JA at 22; Heydon JA at 28

LOWER COURT JURISDICTION : District Court LOWER COURT 4493/98 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

COUNSEL : A: D Davies SC / R D Marshall R: J Whittle SC / J Gooley SOLICITORS : A: John Walsh & Partners R: Maccallum Lawyers CATCHWORDS : Torts - Conveyancing - contract for the sale of land - liability under Corporations Law where an unincorporated company purports to enter a contract - whether conveyancer failed to advise on potential liability - whether breach of duty - appeal dismissed. s 183(7) Corporations Law LEGISLATION CITED : S 66W Conveyancing Act Conveyancers' Licensing Act 1995 CASES CITED: Philips v Wm Whiteley Ltd [1938] 1 All ER 566 DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40317/00

MEAGHER JA HANDLEY JA HEYDON JA

Wednesday, 15 August 2001 GARY STEVEN BENSON v MORAG MACLACHLAN t/as STERLING CONVEYANCERS FACTS The respondent acted as conveyancer for the appellant and A in the purchase of a block of land which they had agreed to purchase on behalf of C. In its final form, the contract for the sale of land described the purchasers as the appellant and A "on behalf of Pacific Palms Pty Limited, a company yet to be incorporated." Contracts were exchanged on 6 June 1997. The purchase price was $2,250,000 with a deposit of $112,500.