NSW Caselaw
Reported Decision : (2002) NSW ConvR 55-999
New South Wales Supreme Court
CITATION : 161 Castlereagh Street Pty Limited v Citadel Property Group [2001] NSWSC 859 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2265 of 2001 HEARING DATE(S) : 13, 14, 17, 18 September 2001 JUDGMENT DATE : 2 October 2001
PARTIES : 161 Castlereagh Street Pty Limited (Plaintiff) Citadel Property Group (Rockdale) Pty Limited known as Citadel Property Group (CBD) Pty Limited (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr S Finch SC with him Mr J Stephenson (Plaintiff) Mr B Coles QC with him Ms E Olsson (Defendant) SOLICITORS : Phillips Fox (Plaintiff) John Ajaka (Defendant) CATCHWORDS : CONTRACT - offer and acceptance - vendor's agent wrote to two prospective purchasers informing them that the vendor had instructed its solicitors to exchange with the best offer delivered to them by 4pm on that date - whether the one purchaser who made an offer by 4pm had binding contract - CONVEYANCING - vendor and purchaser - contract for the sale of land - common assumption and intention that there shall be no binding agreement until contracts exchanged - CONVEYANCING - vendor and purchaser - contract for sale of land - vendor's agent wrote to two prospective purchasers informing them that the vendor had instructed them to exchange with best offer delivered to them by 4pm on that date - letter headed "subject to contract" - whether this prevented binding agreement from arising with the one purchaser who had submitted in time Conveyancing Act 1919, s54A LEGISLATION CITED : Fair Trading Act 1987, s42, s68 Real Property Act 1900, s74P Trade Practices Act 1974, s52, s82 Allen v Carbone (1975) 132 CLR 528 Chillingworth v Escher [1924] 1 Ch 97 GR Securities Pty Limited v Baulkham Hills Private Hospital Pty Limited (1986) 40 NSWLR 631 CASES CITED : Harvela Investments Limited v Royal Trust Company of Canada [1986] 1 AC 207 Howard Smith & Co Ltd v Vanawa (1907) 5 CLR 68 Johnston v Boys [1899] 2 Ch 73 Masters v Cameron (1954) 91 CLR 353 Sindel v Georgiou (1984) 154 CLR 661 DECISION : See paragraph 33
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