Goldmaster Homes Pty Ltd v Keith Norman Johnson [2003] NSWSC 230

New South Wales Supreme Court

CITATION : Goldmaster Homes Pty Ltd v Keith Norman Johnson [2003] NSWSC 230 HEARING DATE(S) : 17/03/03, 18/03/03, 19/03/03, 20/03/03, 24/03/03, 25/03/03 JUDGMENT DATE : 25 March 2003

JUDGMENT OF : Brownie AJ at 1 DECISION : Judgment for the defendants. Order the plaintiffs to pay the costs of the defendants.

CATCHWORDS : CONTRACTS - SALES OF LAND - RIGHT OF FIRST REFUSAL - Held that, in the circumstances of this case, there was no obligation to get to the holder of the right a draft written contract, or any other formal document PARTIES : Goldmaster Homes Pty Ltd - Plaintiff Keith Norman Johnson - Defendant FILE NUMBER(S) : SC 4432/99 COUNSEL : V. R. Gray for Plaintiff F. Gleeson for Defendant SOLICITORS : Henshaw for Plaintiff Phillips Fox for Defendant

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION EQUITY DIVISION LIST

Brownie AJ

Tuesday 25 March 2003

4432/99 GOLDMASTER HOMES PTY LTD AND ANOR v KEITH NORMAN JOHNSON PTY LTD

JUDGMENT

CORAM : Brownie AJ 1. The plaintiffs sue the defendants for damages for breach of a contract to give a first right of refusal on the sale of certain land. The plaintiffs say that one of them is entitled to damages from one or more of the defendants.

2. The second plaintiff, Mr Rocky Scarcella, is the son of Francesco and Helen Scarcella. Those three persons between them effectively constitute or control a number of entities. Those that are mentioned in evidence include the Frank, Helen and Rocky Scarcella partnership, a company called FHR Holdings Pty Ltd, the first plaintiff Goldmaster Homes Pty Ltd, a family trust and a superannuation fund. The affairs of these various entities are sometimes intermingled. Until about 1997 the first plaintiff conducted a business as a project builder, that is a builder which constructed houses on land owned by other people. In about 1997 it changed its business to that of a speculative or "spec" builder. That is, it acquired parcels of vacant land, erected dwellings there, and then resold the developed land.