NSW Caselaw
Reported Decision : (2007) NSW Conv R 56-183
New South Wales Supreme Court
CITATION : Peppe v Jydonnet Pty Ltd [2007] NSWSC 547
HEARING DATE(S) : 21/05/07 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 21 May 2007
DECISION : Notice of motion dismissed with costs.
CATCHWORDS : CONTRACTS [248]- Auctioneers- Plaintiffs claim auctioneer knocked property down to their representative- Contract signed with another bidder- Whether plaintiffs may seek extension of caveat or injunction- Held no note or memorandum in writing evidencing a contract of sale between plaintiffs and vendor under s 54A of Conveyancing Act 1919. STATUTES [131] Regulations- Whether auctioneer had statutory obligation to sign contract as plaintiffs were highest bidder pursuant to reg 18 of Property, Stock and Business Agents Regulation 2003- Held regulation is procedural and does not affect the contractual rights of vendor and purchaser.
Conveyancing Act 1919, s 54A LEGISLATION CITED : Property, Stock and Business Agents Act 2002, s 83 Property, Stock and Business Agents Regulation 2003, reg 18 Real Property Act 1900, ss 74K, 74MA
Boulas v Angelopoulos (1991) 5 BPR 11,477 McConville v Australian Telecommunications Commission (1991) NSW ConvR 55-602 CASES CITED : Mews v Carr (1856) 1 H & N 484; 156 ER 1292 Niesmann v Collingridge (1921) 29 CLR 177 Seivewright v Brennan (2005) 12 BPR 22,979 Wright v Madden [1992] 1 Qd R 343
Ivan Peppe (P1) Paula Peppe (P2) Benito Peppe (P3) PARTIES : Maria Peppe (P4) Jydonnet Pty Ltd (D1) Carwestry Pty Ltd t/as L J Colquhoun & Sons (D2) Christopher Kloppenborg (D3)
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