NSW Caselaw
New South Wales Court of Appeal
CITATION : Cumnock No. 1 Colliery P/L v Pacific Power & Anor [2002] NSWCA 278 FILE NUMBER(S) : CA 40018 of 2002 HEARING DATE(S) : 31/07/02, 01/08/02 JUDGMENT DATE : 4 September 2002
Cumnock No. 1 Colliery Pty Ltd v PARTIES : Pacific Power & Elcom collieries Pty Ltd JUDGMENT OF : Meagher JA at 1; Handley JA at 23; Foster AJA at 24
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT ED 50008 of 2000 FILE NUMBER(S) : LOWER COURT Bergin J JUDICIAL OFFICER :
COUNSEL : Appellant: R J Weber SC/Ms A Mountfort Respondents: J L Trew QC/G R Waugh SOLICITORS : Appellant: Mallesons Stephen Jaques Respondents: Boyd House and Partners CATCHWORDS : Contract Law - whether the parties were content to be bound immediately and exclusively by the terms agreed upon - whether it was expected that a further contract would be made in substitution of the first - appeal dismissed with costs. CASES CITED: Masters v Cameron (1954) 91 CLR 353 Sinclair, Scott & Company Limited (1929) 43 CLR 310 DECISION : Appeal dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40018 of 2002 ED 50008 of 2000
MEAGHER JA HANDLEY JA FOSTER AJA
Wednesday, 2 September 2002 CUMNOCK NO. 1 COLLIERY PTY LTD v PACIFIC POWER & ELCOM COLLIERIES PTY LTD
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