NSW Caselaw
New South Wales Supreme Court
CITATION : HEARSE & ANOR v PALLISTER & ORS [2008] NSWSC 504 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 7, 8 November 2007
JUDGMENT DATE : 27 May 2008
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Judgment to be entered for the plaintiffs, subject only to the form of orders to be determined on a date to be fixed.
CATCHWORDS : CONVEYANCING - Contract for sale - Purchaser failed to complete - Property resold - Liquidated damages claim under clause 9.3.1 of contract - Recovery of deficiency on resale - Recovery of reasonable costs and expenses - Awards of statutory interest on deficiency on resale and reasonable expenses recovered
Civil Procedure Act 2005 LEGISLATION CITED : Conveyancing Act 1919 Uniform Civil Procedur Rules 2005
CATEGORY : Principal judgment
Advance Commercial Finance Limited v Aarons (1996) 7 BPR 14,523, BC9600180 Buchanan v Dunstan [2007] NSWSC 248 Carpenter v McGrath (1996) 40 NSWLR 39 Cox v Parker (1987) BPR 11,208, BC8700930 Degman Pty Limited (in liq) v Wright [1983] 2 NSWLR 601 CASES CITED : Donnellan v Garlick [2006] NSWSC 132 Eighth SRJ v Merity (1997) 7 BPR 15,189, BC 9701110 Gogard Pty Limited v Satnaq Pty Limited (1999) 9 BPR 17,171, BC9908521 Jampco Pty Limited v Cameron (No 2) (1986) NSW ConvR 55,275 Rossco Developments Pty Ltd v O'Halloran (1980) 29 ACTR 1 Zografakis v McCarthy (2007) NSWSC 144
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