NSW Caselaw
New South Wales Supreme Court
CITATION : Mordue v Kroone [2007] NSWSC 273
HEARING DATE(S) : 8 & 26 March 2007
JUDGMENT DATE : 30 March 2007
JUDGMENT OF : Hammerschlag J
DECISION : The plaintiffs are entitled to the declaratory relief sought and to specific performance; the defendant is to pay the costs of the proceedings.
CATCHWORDS : CONTRACT – Exercise of an option to purchase land – Exchange of dissimilar counterparts involving disconformity of description of land where identical plan of the land attached to both counterparts – Disconformity did not infect the bargain – Form of notice of exercise where additional contract requested but not required – Construction of condition precedent to exercise of option and whether condition fulfilled – Specific performance sought and granted
LEGISLATION CITED : Environmental Planning and Assessment Act 1979 (NSW)
Georgiou v Sindel (1982) 1 NSWLR 435 Tricontinental Corporation Limited v HDFI Limited (1990) 21 NSWLR 689 CASES CITED : Cooper Brookes (Wollongong) Pty Limited v Federal Commissioner of Taxation (1981) 147 CLR 297 Hide & Skin Trading Pty Limited v Oceanic Meat Traders Limited (1990) 20 NSWLR 310 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389
Richard John Mordue PARTIES : Lynelle June Mordue Chandi Kroone
FILE NUMBER(S) : SC 5636/2004
COUNSEL : P R Sternberg (Plaintiffs) P Koroknay (Defendant)
SOLICITORS : Callachor & Helby (Plaintiffs) McIntosh, Emerton & Thomas (Defendant)
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