Notter v Girault [2004] NSWSC 863

New South Wales Supreme Court

CITATION : Notter v Girault [2004] NSWSC 863 HEARING DATE(S) : 08/09/04 JUDGMENT DATE : 20 September 2004

JUDGMENT OF : White J DECISION : 1. Dismiss the Amended Summons; 2. Dissolve the injunction granted on 25 June 2004; 3. Direct that if the defendant wishes an enquiry as to damages pursuant to the plaintiff's undertaking as to damages given on 25 June 2004, the defendant file and serve a notice of motion and affidavit in support thereof within 28 days; 4. Refer the proceedings to a Master to enquire as to damages, if such notice of motion is filed; 5. The plaintiff pay the defendant's costs; 6. Exhibits to be returned after 28 days.

CATCHWORDS : Contract - Sale of land - Forfeited deposit - Whether there was a revival of previous contract - Authority of licensed conveyancer to enter into a new contract for the vendor - Whether there were acts of part performance by purchaser - Claim for repayment of forfeited deposit. LEGISLATION CITED : Conveyancing Act 1919 (NSW) ss 54A, 55(2A) Cameron v McGrath (1996) 40 NSWLR 39 Ashington Piggeries Limited v Christopher Hill Limited [1972] AC 441 Pianta v National Finance and Trustees Ltd (1964) 180 CLR 146 CASES CITED : Strangas v Young (1975) 1 BPR 9123 Tweddell v Henderson [1975] 2 All ER 1096 Khouri v Khoury [2004] NSWSC 770 Walton Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Francis v Francis [1952] VLR 321 Ruth Claudia Notter PARTIES : v Patricia Suzanne Maryline Girault FILE NUMBER(S) : SC 3635/04 COUNSEL : Plaintiff: W J Carney Defendant: G M McGrath SOLICITORS : Plaintiff: Carneys Lawyers Defendant: Hannaford Cox Connellan & McFarland