NSW Caselaw
New South Wales Supreme Court
CITATION : Romanous v Saleh [2009] NSWSC 1166
HEARING DATE(S) : 3/06/09, 4/06/09, 5/06/09, 28/08/09, 31/08/09, 1/09/09, 30/10/09
JUDGMENT DATE : 20 November 2009
JUDGMENT OF : Forster J at 1
DECISION : See paragraphs 197 to 198 of the judgment.
CATCHWORDS : Sale of land for development in conjunction with neighbouring property - neighbouring property owned by male vendor's brother - representations made to purchasers by male vendor prior to contract relating to brother's attitude towards proposed development - substantial factual disputes as to what was said and other matters - promissory estoppel - collateral contracts - fraudulent representations - judgment for purchasers.
LEGISLATION CITED : Civil Procedure Act 2005 Conveyancing Act 1919
CATEGORY : Principal judgment
Esanda Limited v Burgess [1984] 2 NSWLR 139 Gates v City Mutual Life Assurance Society Limited (1986) 160 CLR 1 CASES CITED : Hoyt's Pty Ltd v Spencer (1919) 27 CLR 133 Maybury v Atlantic Union Oil Co. Ltd (1953) 89 CLR 507 Nassif v Fahd [2007] NSWCA 269; (2007) 13 BPR 24,999 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387
PARTIES : Plaintiffs: Harris Romanous and Philomena Romanous Defendants: Michael Saleh and Rose Saleh
FILE NUMBER(S) : SC 4516/06
COUNSEL : Plaintiffs: F. Kalyk Defendants: D. Smallbone, D.W. Rayment
SOLICITORS : Plaintiffs: Thurlow Fisher Lawyers Defendants: Woods & Day Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
FORSTER J
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