David Loudoun-Shand & Anor v Jadasi Investments Pty Ltd [2007] NSWCA 316

New South Wales Court of Appeal

CITATION: David Loudoun-Shand & Anor v Jadasi Investments Pty Ltd [2007] NSWCA 316 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 October 2007

JUDGMENT DATE: 6 November 2007

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Basten JA at 46

DECISION: (a) Grant leave to appeal; (b) Appeal allowed; (c) Set aside the orders made by Associate-Justice Harrison on 9 November 2006 and in lieu thereof order that the appeal to the Supreme Court from the decision of Magistrate Hodgson on 30 March 2006 be dismissed with costs; (d) The opponent to pay the claimants' costs of the summons for leave to appeal and the appeal but to have with respect to the latter a certificate under the Suitor's Fund Act 1951 if otherwise qualified

CATCHWORDS: CONTRACTS – Offer and acceptance – Agreement contemplating execution of formal document – Offer to buy rural land – CONVEYANCING – Conditions of sale – Letter contemplating formal offer on given terms and contemplating execution of formal document – Whether offer made and accepted – Offer to buy rural land - MAGISTRATES – Appeals – To Supreme Court – Where leave not granted to appeal on a ground that involves a mixed question of law and fact – Where appeal not confined to questions of law – APPEAL AND NEW TRIAL – Court of Appeal – Jurisdiction and Powers – Appeal from the findings of a single judge in the Supreme Court in an appeal from the Local Court – Interference by sing judge of the Supreme Court with Magistrate's findings of fact – Where leave not granted for an appeal on a question of mixed law and fact – Costs – Local Courts Act 1982 ss 73(1), 74(1) - Supreme Court Act s 75A

LEGISLATION CITED: Local Courts Act 1982 Supreme Court Act 1970