NSW Caselaw
New South Wales Supreme Court
CITATION : Kastro Pty Ltd v ABD Holdings Pty Ltd [2008] NSWSC 1291
HEARING DATE(S) : 14 November 2008 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 14 November 2008
DECISION : Application by purchaser for continuation of interlocutory injunction declined.
CATCHWORDS : CONTRACTS – general contractual principles – construction and interpretation of contracts – application by purchaser to continue interlocutory injunction restraining vendor from claiming payment pursuant to bank guarantee – where vendor had entered into heads of agreement with a potential tenant prior to exchange of contracts – where prospective tenant decided before settlement not to enter into lease – where contract required vendor to notify purchaser of proposed dealings with leasehold – whether heads of agreement amounted to agreement to lease or equitable lease – whether arguable case for final relief demonstrated by purchaser
CATEGORY : Procedural and other rulings
Blackburn Developments No 19 Pty Ltd v Downs Surgical (Australia) Pty Ltd (1974) 2 BPR 9141 Gobblers Inc Pty Limited v Stevens (1993) NSW ConvR 55-665 Hali Retail Stores Pty Ltd v Hafaz [2007] NSWSC 412 CASES CITED : Kassabian & Rawstron Investments Pty Ltd v Lagonicos (1993) NSW ConvR 55-690 Landsmiths Pty Ltd v Hall [1999] NSWSC 735 ; (1999) 9 BPR 17,057 Long v Piper [2001] NSWCA 342; [2002] ANZ ConvR 43; (2002) NSW ConvR 56-000 Longpocket Investments Pty Ltd v Hoadley (1985) 3 BPR 9606 Sydney Harbour Casino Holdings Pty Ltd v NMBE Pty Ltd (1998) 9 BPR 16,679
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