NSW Caselaw
New South Wales Supreme Court
CITATION : Ousley v Varsity Life [2005] NSWSC 462
HEARING DATE(S) : 9 May 2005
JUDGMENT DATE : 9 May 2005
JURISDICTION : Equity Division - Commercial List
JUDGMENT OF : McDougall J at 1
DECISION : See paras [49] and [50] of judgment
CATCHWORDS : CONTRACT - where plaintiff and defendant concluded Management Rights Agreement and Unit Sale Agreement - where common ground that Unit Sale Agreement rescinded - whether Management Rights Agreement terminated - whether implied term that lawful rescission of Unit Sale Agreement determines Management Rights Agreement - whether Management Rights Agreement continues to be enforceable upon rescission of Unit Sale Agreement - whether Management Rights Agreement discharged by frustration after rescission of Unit Sale Agreement - whether plaintiff entitled to forfeit deposit for Management Rights Agreement - whether plaintiff entitled to damages - no question of principle
Australis Media Holdings v Telstra Corporation (1998) 43 NSWLR 104 B P Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 52 ALJR 20 Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Davis Contractors Limited v Fareham Urban District Council [1956] AC 696 CASES CITED : Mackay v Dick (1881) 6 App Cas 251 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Sandra Investments Pty Ltd v Booth (1983) 153 CLR 153 Secured Income Real Estate v St Martins Investments Pty Ltd (1979) 144 CLR 596
Ousley Pty Limited (Plaintiff) PARTIES : Varsity Life Pty Limited (Defendant)
FILE NUMBER(S) : SC 50039/05
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