NSW Caselaw
New South Wales Supreme Court
CITATION : Adelaide Brighton v Ostabridge [2005] NSWSC 737
HEARING DATE(S) : 25/7/05 & 26/7/05
JUDGMENT DATE : 5 August 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Specific performance ordered
CATCHWORDS : CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - discharge, breach and defences to action for breach - whether contract repudiated - CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - mortgages, charges and encumbrances - transfer by mortgagee exercising power of sale - concerning what breaches notice under section 57(2)(b) Real Property Act 1900 or section 111(2) Conveyancing Act 1919 is required - CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - construction and interpretation of contracts - one party obliged to provide evidence to the reasonable satisfaction of the other concerning a particular fact - nature of obligations imposed - WORDS AND PHRASES - "reasonable satisfaction" - DEEDS - delivery - how established - CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - construction and interpretation of contracts - when compliance with one provision of a contract is a condition precedent for performance of another provision of that contract - CONVEYANCING - RELATIONSHIP OF VENDOR AND PURCHASER - matters arising between contract and conveyance - if transfer is to someone other than the purchaser, when does standard form of contract require purchaser to give a written direction to effect such a transfer - CONVEYANCING - RELATIONSHIP OF VENDOR AND PURCHASER - matters arising between contract and conveyance - payment of deposit - when deposit paid "unconditionally" - CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - construction and interpretation of contracts - principles for construction - construction of clause conferring contractual power to terminate - CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - discharge, breach and defences to action for breach - termination pursuant to contractual power - construction of particular clause conferring such a power
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