NSW Caselaw
Reported Decision : (2005) NSW ConvR 56-117
New South Wales Court of Appeal
CITATION : FESTA HOLDINGS PTY LTD & ANOR v ADDERTON & ORS [2004] NSWCA 228 HEARING DATE(S) : 2 June 2004 JUDGMENT DATE : 13 July 2004
JUDGMENT OF : Mason P at 1; Sheller JA at 62; Stein AJA at 63 DECISION : Appeal dismissed with costs
CATCHWORDS : Vendor and Purchaser - Home Building Act 1989 - certificate of insurance - contract to do residential building work - subsequent contract for sale of residential property - termination - forfeiture of deposit - whether certificate of insurance is part of the title of the property - whether lack of insurance a defect in title enabling purchaser to terminate - whether subsequent purchaser obliged to procure insurance. (D) FESTA HOLDINGS PTY LTD (In liquidation) PARTIES : Lawrence MORASCHI (2nd Appellant) Peter ADDERTON (1st Respondent) FILE NUMBER(S) : CA 41230/03 COUNSEL : 2nd Appellant: B S Oslington SC/ A Maroya Respondent: A C M Iuliano SOLICITORS : 2nd Appellant: John Byrnes & Assoc Respondent: Colin Biggers & Paisley
LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT SC 1253/03 FILE NUMBER(S) : LOWER COURT Gzell J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41230/03
MASON P SHELLER JA STEIN AJA
Tuesday 13 July 2004
FESTA HOLDINGS PTY LTD & Anor v ADDERTON & ORS
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