NSW Caselaw
New South Wales Supreme Court
CITATION : Independent Print Media Group Publishing Pty Limited v Estate Agents Co-operative Limited [2007] NSWSC 1098 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24, 25, 27 September 2007 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 September 2007
DECISION : Side letter established interim agreement only. Summons dismissed with costs
CATCHWORDS : CONTRACTS – contractual intent – construction – joint venture – where prospective joint venturers execute "side letter" – whether parties intended to produce binding final agreement or merely an interim measure – where side letter refers to presentation to boards of directors for "execution" – whether intention that boards merely execute as opposed to approve contract
LEGISLATION CITED : (NSW) Evidence Act 1995, s 64
Masters v Cameron (1954) 91 CLR 353 CASES CITED : Gardiner v Agricultural and Rural Finance Pty Limited [2007] NSWCA 235 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95
PARTIES : Independent Print Media Group Publishing Pty Limited (plaintiff) Estate Agents Co-operative Limited (defendant)
FILE NUMBER(S) : SC 1964/07
COUNSEL : Mr B A Coles QC w Mr J T Gibson (plaintiff) Mr T Alexis SC w Mr R Hardcastle (defendant)
SOLICITORS : Rodd Peters Lawyers (plaintiff) Von Muenster Solicitors (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EXPEDITION LIST
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