NSW Caselaw
Reported Decision : (2004) NSW ConvR 56-084
New South Wales Supreme Court
CITATION : Pane Enterprises v Peronace [2003] NSWSC 872 HEARING DATE(S) : 04/09/03 JUDGMENT DATE : 24 September 2003 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Plaintiff entitled to declarations
CATCHWORDS : CONVEYANCING - construction of contract - no question of principle AJDJ Pty Ltd v Pacific West Developments Pty Ltd [2002] ANZ ConvR 267 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Pane Enterprises Pty Ltd v Peronace [2003] NSWSC 310 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Pane Enterprises Pty Limited - Plaintiff PARTIES : Frank Peronace - First Defendant Christina Louise Brandalise - Second Defendant FILE NUMBER(S) : SC 3436/03 COUNSEL : Mr S.T. White - Plaintiff Mr D.M. Loewenstein - Defendant SOLICITORS : Nescis Lawyers - Plaintiff Gray & Perkins - Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
WEDNESDAY, 24 SEPTEMBER 2003
3436/03 – PANE ENTERPRISES PTY LIMITED v FRANK PERONACE & ANOR JUDGMENT 1 The plaintiff is the purchaser and the defendants are the vendors under an uncompleted contract dated 23 May 2002 for the sale and purchase of an office and warehouse property at Belmore. This is the third proceeding that has been initiated by the purchaser against the vendors in respect of the contract. The first proceeding was 5762 of 2002 in this Division. It was commenced on 3 December 2002. On the first return date, 5 December 2002, the court made certain orders by consent and, in doing so, noted the parties' agreement as follows: "The Plaintiff agrees to complete the purchase of the property [described] pursuant to the contract between the parties on 23 May 2002 within 4 working days of the Defendants providing to them a section 149D of the Environmental Planning and Assessment Act Building Certificate in respect of the said property."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate