NSW Caselaw
New South Wales Court of Appeal
CITATION: Meares Nominees Pty Ltd v Permanent Custodians Ltd [2009] NSWCA 235 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 29 July 2009
JUDGMENT DATE: 29 July 2009
JUDGMENT OF: Allsop ACJ at 30; Beazley JA at 31; Hodgson JA at 1
EX TEMPORE JUDGMENT DATE: 29 July 2009
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS – Deed in which mortgagee agrees to accept certain payments in full satisfaction of mortgage debt – Whether time stipulated for such payments of the essence – Whether stipulation for such payments promissory – Whether such stipulations conditions precedent.
CATEGORY: Principal judgment
G R Mailman & Associates Pty Limited v Wormald Australia Pty Limited (1991) 24 NSWLR 80 CASES CITED: Osborne v McDermott [1998] 3 VR 1 Perri v Coolangatta Investments Pty Limited (1982) 149 CLR 537 Tricontinental Corporation Limited v HDFI Limited (1990) 21 NSWLR 689
PARTIES: MEARES NOMINEES PTY LIMITED (appellant) PERMANENT CUSTODIANS LIMITED (respondent)
FILE NUMBER(S): CA 40249/09
COUNSEL: J STOLJAR SC/ J K TAYLOR (appellant) A J SULLIVAN QC/ V E WHITTAKER (respondent)
SOLICITORS: Slater & Gordon (appellant) Eakin McCaffery Cox (respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 3628/09
LOWER COURT JUDICIAL OFFICER: Palmer J
LOWER COURT DATE OF DECISION: 24 July 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Meares Nominees Pty Ltd & Ors v Permanent Custodians Ltd [2009] NSWSC 720
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