NSW Caselaw
New South Wales Court of Appeal
CITATION: Kirkby v Turner [2009] NSWCA 131
HEARING DATE(S): 18 May 2009
JUDGMENT DATE: 2 June 2009
JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; Campbell JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS - general contractual principles - agreement to negotiate - whether parties are bound to negotiate if a precondition of the obligation to negotiate has not occurred - contract preconditioned obligation to negotiate on the likelihood of rezoning being imminent - objective approach to construction of agreements to negotiate - WORDS AND PHRASES - "agreement to negotiate"
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CATEGORY: Principal judgment
Australis Media Holdings Pty Ltd v Telstra Corporation Ltd (1998) 43 NSWLR 104 Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1 CASES CITED: Hunyor v Tilelli (1997) 8 BPR 15, 629 (NSWSC) Schulz v Turner [2008] NSWSC 24 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165
PARTIES: Brett David Kirkby (Appellant) Noel Robert Turner (Respondent)
FILE NUMBER(S): CA 40088/08
COUNSEL: B Crowley, solicitor (Appellant) JM White (Respondent)
SOLICITORS: The Peoples Solicitors, Darlinghurst (Appellant) Michael Michell & Associates (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 6088/06
LOWER COURT JUDICIAL OFFICER: Nicholas J
LOWER COURT DATE OF DECISION: 31 January 2008
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