NSW Caselaw
New South Wales Court of Appeal
CITATION: Actall Pty Ltd v Pacific Bay Development Pty Ltd [2006] NSWCA 190
HEARING DATE(S): 13/07/06
JUDGMENT DATE: 26 July 2006
JUDGMENT OF: Mason P at 1; Giles JA at 2; Ipp JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACT - sale of subdivided land - contract subject to registration of plan - operation of clause 28 of 2000 Edition of the Standard Contract for the Sale of Land - rescission by vendors - whether vendors did "everything reasonable" to have the plan registered by the registration date - whether rescission by vendors unconscientious - express agreement to terms of rescission by parties - Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315 applied. D
Ante Maganic v Guido Ravagnani [2003] NSWSC 1063 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Champtaloup v Thomas (1976) 2 NSWLR 264 CASES CITED: Godfrey Constructions Pty Ltd v Kanangra Park Pty Ltd (1972) 128 CLR 529 Pierce Bell Sales Pty Ltd v Frazer (1973) 130 CLR 575 Romanos v Pentagold Investments Pty Limited (2003) 217 CLR 367 Tanwar Enterprises Pty Ltd v Cauchi (203) 217 CLR 315 Woodcock v Parlby Investments Pty Ltd (1988) 4 BPR 9568
PARTIES: Actall Pty Ltd (Appellant) Pacific Bay Development Pty Ltd (Respondent)
FILE NUMBER(S): CA 40926/05
COUNSEL: R J Powell SC/T W Marskell (Appellant) B Coles QC/D R Pritchard (Respondent)
SOLICITORS: MBT Lawyers (Appellant) Fisburn Watson O'Brien (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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