NSW Caselaw
New South Wales Court of Appeal
CITATION: Ostabridge Pty. Limited & Anor. v. Adelaide Brighton Limited [2007] NSWCA 59
HEARING DATE(S): 21 September 2006
JUDGMENT DATE: 23 March 2007
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Hunt AJA at 41
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONVEYANCING - Relationship of vendor and purchaser - Matters arising between contract and settlement - Whether deposit paid conditionally - Whether purchaser insisted on performance of conditions to which it was not entitled - Whether purchaser could rely on s.58 of Real Property Act - Whether purchaser repudiated contract
LEGISLATION CITED: Real Property Act 1900 s.58 Conveyancing Act 1919 s.112
Butts v. O'Dwyer (1978) 141 CLR 378 Cox v. Esanda Finance [2000] NSWSC 502 CASES CITED: Isherwood v. Butler Pollnow Pty. Limited (1986) 6 NSWLR 363 Mathieson v. Mercantile Finance & Agency Co. Limited (1891) 17 VLR 271 Midland Montagu Australia Limited v. Cuthbertson (1989) 17 NSWLR 309
Ostabridge Pty. Limited - 1st appellant PARTIES: Kevin Richard Shirlaw - 2nd appellant Adelaide Brighton Limited - respondent
FILE NUMBER(S): CA 40706/05
COUNSEL: Mr. M. Oakes SC for the appellants Mr. G. Linsdsay SC with Mr. I.E. Davidson for respondent
SOLICITORS: Malcolm Johns & Company, Sydney for appellants Johnson Winter & Slattery, Sydney for respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2870/05
LOWER COURT JUDICIAL OFFICER: Campbell J
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