NSW Caselaw
New South Wales Supreme Court
CITATION : Reliance Developments (NSW) Pty Limited v Lumley General Insurance Limited [2008] NSWSC 172 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 18 & 19/02/2008
JUDGMENT DATE : 7 March 2008
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ
DECISION : (1) Give judgment for the defendant with costs. (2) Dismiss the Cross-claims.
CATCHWORDS : GUARANTEE and INDEMNITY - deposit bond in lieu of deposit on sale of land - P obtained issue by Lumleys of Deposit Bond to V - P defaulted, V terminated and claimed under Deposit Bond - by mistake, the wrong document was included with the claim as copy Notice of Termination - Lumley's agent refused payment on this ground but notification did not reach V's solicitor until after expiry of Bond - consideration of construction of Deposit Bond and need for strict compliance with provisions about formalities of claims HELD - strict compliance required by terms of bond, no entitlement to recovery, agent's conduct was not unconscionable.
LEGISLATION CITED : Trade Practices Act 1974 (Cth), s 51AA
Alcatel Australia Ltd v Scarcella & Ors [1998] 44 NSWLR 349 Burger King Corporation v Hungry Jack's Pty Ltd [2001] NSWCA 187; [2001] NSWCA 187 Butt v M'Donald (1896) 7 QLJ 68 CGU Workers Compensation (NSW) Ltd v Garcia [2007] NSWCA 193 Coghlan v SH Lock (Australia) Ltd (1987) 8 NSWLR 88 Hurley v McDonalds Australia Limited (2000) ATPR 41-741 CASES CITED : Malas (Hamzeh) & Sons v. British Imex Industries Ltd. (1958) 2 Q.B. 127 Mannai Investment Co. Ltd. v Eagle Star Life Assurance Co. Ltd. [1997] AC 749 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; 203 CLR 579 at 602 Rava v Logan Wines Pty Ltd [2007] NSWCA 62 Secured Income Real Estate (Australia) Ltd v St Martin's Investments Pty Ltd (1979) 144 CLR 596 St George Bank Limited v Salzberger [2001] NSWCA 67 Wood Hall Ltd v Pipeline Authority (1979) 141 CLR 443
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