NSW Caselaw
New South Wales Court of Appeal
CITATION : McIntosh v Hadco Constructions Pty Limited & Anor [2003] NSWCA 348 revised - 5/12/2003 HEARING DATE(S) : 24/11/03 JUDGMENT DATE : 24 November 2003
JUDGMENT OF : Sheller JA at 15; Hodgson JA at 16; Ipp JA at 1 DECISION : Appeal dismissed with costs.
CATCHWORDS : REAL PROPERTY - Option to purchase residential property granted to grantee or his nominee - No nomination of a nominee made at time counterparts exchanged - only grantee signing counterparts - Whether option was void pursuant to Conveyancing Act 1919, s 66ZG(1). ND LEGISLATION CITED : Conveyancing Act 1919, s 66ZG Robert James McIntosh (Appellant) Hadco Constructions Pty Limited (First Respondent) PARTIES : Kathleen Jane McIntosh (Second Respondent)
Insert (Second Respondent) FILE NUMBER(S) : CA 40705/03 G R Waugh (Appellant) COUNSEL : D Warren (First Respondent) Submitting Appearance (Second Respondent) Sorensen & Brown (Appellant) SOLICITORS : Macquarie Lawyers (First Respondent) M Strikis (Second Respondent)
LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT ED 5514/02 FILE NUMBER(S) : LOWER COURT Windeyer J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40705/03 ED 5514/02
SHELLER JA HODGSON JA IPP JA
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