Brown & Ors v Hodgkinson & Ors [2009] NSWSC 262

New South Wales Supreme Court

CITATION : Brown & Ors v Hodgkinson & Ors [2009] NSWSC 262 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 7, 8, 9 and 10 October 2008, and written submissions received from the Defendants on 18 October and 13 November 2008, and from the Plaintiffs on 13 November and 12 December 2008.

JUDGMENT DATE : 8 April 2009

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Judgment for Defendants on Amended Statement of Claim; judgment for Cross Claimants on Cross Claim.

CATCHWORDS : CONTRACT – Informal agreement – highly complex commercial transaction involving interests in real estate – whether parties only agreed in principle or whether intended to be bound immediately – question of fact.

Civil Procedure Act 2005 (NSW) – s 100 LEGISLATION CITED : Conveyancing Act 1919 (NSW) – s 54 Trade Practices Act 1974 (Cth)

CATEGORY : Principal judgment

- Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 CASES CITED : - GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 - LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd [2001] NSWSC 886

Justin John Brown (First Plaintiff) Sharlotte Pty Ltd (Second Plaintiff) Abadeen Group Pty Ltd (Third Plaintiff/1st Cross Defendant) Lighter Quay Investments Ltd (Fourth Plaintiff) Greenberg Investments Development Ltd (Fifth Plaintiff) Brooke Brown (2nd Cross Defendant) PARTIES : Lance Hodgkinson (First Defendant) Bluestone Property Services Pty Ltd (Second Defendant/1st Cross Claimant) 230 Palmer Street Pty Ltd (Third Defendant) Daniel Hausman (Fourth Defendant) Namsauh Holdings Pty Ltd (2nd Cross Claimant) Crown Street Developments Pty Ltd (Fifth Defendant) 519 St Kilda Road Developments Pty Ltd (Sixth Defendant/3rd Cross Claimant) Gorcha Pty Ltd (Seventh Defendant)