Mitchell v Pattern Holdings Pty Limited [2001] NSWSC 199

New South Wales Supreme Court

CITATION : Mitchell v Pattern Holdings Pty Limited [2001] NSWSC 199 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4171 of 2000 HEARING DATE(S) : 14 March 2001 JUDGMENT DATE : 26 March 2001

PARTIES : John James Mitchell (Plaintiff) Pattern Holdings Pty Limited (Defendant) JUDGMENT OF : Windeyer J

COUNSEL : Mr T.G.R. Parker (Plaintiff) Mr S.T. White with him Miss N. Obrart (Defendant) SOLICITORS : Blake Dawson Waldron (Plaintiff) Freidman Reeves (Defendant) CATCHWORDS : CONTRACTS - contract for purchase of strata unit "off the plan" - vendor contracted "to make all reasonable efforts to procure the registration by the Registrar General of the Strata Plan" - termination clause if strata plan not registered within twelve months - vendor must fulfil obligation to make all reasonable efforts to secure registration before acting on termination clause - CONTRACTS - sale of unit in proposed strata plan - draft strata plan attached - contract required registration of strata plan "substantially in accordance with attached draft" - Council required reduction in the size of the balcony of the penthouse unit on plan - whether then substantially in accordance with draft - ESTOPPEL - whether facts sufficient to establish representation relied on and conduct based on representation. Commonwealth v Verwayen (1990) 170 CLR 394 CASES CITED : Hawes v Cuzeno Pty Ltd (unreported 14 December 1999 Bryson J NSWSC) Woodcock v Parlby Investments Pty Limited (1989) NSW Conv R 58,295 DECISION : See paragraph 37

1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION WINDEYER J