NSW Caselaw
Reported Decision: 69 NSWLR 452(2007) NSW ConvR 56-179
New South Wales Court of Appeal
CITATION: Iannello & Anor. v. Sharpe [2007] NSWCA 61
HEARING DATE(S): 13 March 2007
JUDGMENT DATE: 23 March 2007
JUDGMENT OF: Hodgson JA at 1; Santow JA at 40; Basten JA at 41
DECISION: 1. Appeal allowed. 2. Orders of the primary judge set aside, and in lieu thereof: (a) judgment for the purchaser on the vendors' claim. (b) judgment for the vendors on the purchaser's cross-claim. (c) subject to any previous orders, vendors to pay one-half the purchaser's costs of the proceedings below. 3. Purchaser to pay the vendors' costs of the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible.
CATCHWORDS: CONVEYANCING - Relationship between vendor and purchaser - Creation of contract by exchange of counterparts - Counterpart signed by purchaser altered by purchaser's solicitor without authority - Whether alterations material - Provision as to payment of part of deposit in the event of default - Whether a penalty.
Ashdown v. Kirk [1999] 2 Qd.R. 1 CASES CITED: Luu v. Sovereign Developments Pty. Limited [2006] NSWCA 40 Romanos v. Pentagold Investments Pty. Limited (2003) 217 CLR 367
PARTIES: Michael Iannello and Anna Iannello - appellants Malcolm Sharpe - respondent
FILE NUMBER(S): CA 40480/06
COUNSEL: Mr. M. Orlov for the appellants Mr. G. Inatey SC with Mr. E.A. Hyde for respondent
SOLICITORS: Verekers Lawyers, Sydney for appellants Malcolm Johns & Co., Sydney for respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC2896/05
LOWER COURT JUDICIAL OFFICER: Windeyer J
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