NSW Caselaw
New South Wales Court of Appeal
CITATION: Perpetual Trustee Company Ltd v Meriton Property Management Pty Ltd [2006] NSWCA 75
HEARING DATE(S): 24 March 2006
JUDGMENT DATE: 11 April 2006
JUDGMENT OF: Mason P at 1; McColl JA at 2; Basten JA at 3
DECISION: 1. Appeal allowed and orders entered in the Equity Division on 29 June 2005 be set aside; 2. Parties to have leave to file short minutes of order to include the necessary calculations; 3. Respondent to pay the Appellant's costs in the appeal and in the Court below.
CATCHWORDS: CONTRACT – interpretation of contract for sale of land – contract permitted certain variations envisaging council imposing conditions on subdivision – vendor sought to make variations to contract – purchaser resisted variations – whether variations permitted by contract – whether either party unable or unwilling to perform contract – whether either party liable for interest for period during planned completion and actual completion
LEGISLATION CITED: Conveyancing Act 1919 (NSW), s88B Real Property Act 1900 (NSW)
D.T.R. Nominees Pty Limited v Mona Homes Pty Limited (1978) 138 CLR 423 Green v Sommerville (1979) 141 CLR 594 CASES CITED: Perpetual Trustee Company Limited v Meriton Property Management Pty Limited [2004] NSWSC 1258 Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286 Sweet & Maxwell Ltd v Universal News Services Ltd [1964] 2 QB 699
PARTIES: Perpetual Trustee Company Ltd - Appellant Meriton Property Management Pty Ltd - Respondent
FILE NUMBER(S): CA 40612/05
COUNSEL: Mr M. Einfeld QC/Mr J. Stoljar - Appellant Mr I.G. Harrison SC/Mr I.R. Pike - Respondent
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