NSW Caselaw
New South Wales Supreme Court
CITATION : Dunning v Callaghan; Dunning v Callaghan [2008] NSWSC 553
HEARING DATE(S) : 3 June 2008
JUDGMENT DATE : 3 June 2008
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
EX TEMPORE JUDGMENT DATE : 3 June 2008
DECISION : Contract was validly rescinded by purchasers. Orders for repayment of deposit.
CATCHWORDS : CONVEYANCING - vendor and purchaser - matters arising between contract and completion - whether contract validly rescinded - sale of properties subject to special condition giving either party right of rescission if strata plan not registered within 12 months from contract date - power to extend time for registration for specific reasons subject to determination by vendors' architect - whether letter from architect was a determination
LEGISLATION CITED : Conveyancing Act 1919
CATEGORY : Principal judgment
Thomas David Dunning (First Plaintiff 4986/06) Pauline Dunning (Second Plaintiff 4986/06) PARTIES : John Alban Dunning (Plaintiff 4987/06) Stephen Lloyd Callaghan (First Defendant in both matters) Kenneth Reginald Hardaker (Second Defendant in both matters)
FILE NUMBER(S) : SC 4986 of 2006; 4987 of 2006
COUNSEL : Mr B Ralston (Plaintiffs in both matters) Mr M J Watts (Defendants in both matters)
SOLICITORS : St Marys Legal Practice (Plaintiffs in both matters) Grogan & Webb (Defendants in both matters)
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
TUESDAY 3 JUNE 2008
4986/06 THOMAS DAVID DUNNING & ANOR v STEPHEN LLOYD CALLAGHAN & ANOR 4987/06 JOHN ALBAN DUNNING v STEPHEN LLOYD CALLAGHAN & ANOR
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