NSW Caselaw
New South Wales Court of Appeal
CITATION: REBENTA PTY LTD v WISE [2009] NSWCA 212
HEARING DATE(S): 26 and 27 March 2009
JUDGMENT DATE: 24 July 2009
JUDGMENT OF: Ipp JA at 1; Basten JA at 2; Sackville AJA at 102
DECISION: Appeal dismissed with costs
CATCHWORDS: CONTRACTS – general contractual principles – construction and interpretation of agreement – text, structure and context of agreement – whether written notification required for satisfaction - CONTRACTS – rectification of contract – evidence of common intention not embodied within written agreement – whether claim for rectification would have succeeded – whether loss incurred through foregone right to terminate - ESTOPPEL – estoppel by convention – distinction from promissory estoppel – variation of contractual condition – basis for estoppel – whether common understanding or arrangement between parties - PROCEDURE – decision and judgment – whether necessary to resolve issues not determinative of case – appropriate considerations – allocation of judicial resources – distinction between trial and appellate court – distinction between questions of fact and law – likelihood and possibility of successful appeal or grant of special leave - WORDS AND PHRASES – "development consent" – "building consent" – "estoppel by convention" – "rectification of contract" – "loss of opportunity"
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW), ss 92, 93
CATEGORY: Principal judgment
Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Aust) Ltd [1986] HCA 14; 160 CLR 226 Hawker Pacific Pty Ltd v Helicopter Charter Pty Ltd (1991) 22 NSWLR 298 Health World Ltd v Shin-Sun Australia Pty Ltd [2009] FCAFC 14; 174 FCR 218 The "Indian Grace" (No 2) [1998] AC 878 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2008] NSWCA 206 CASES CITED: Kuru v State of New South Wales [2008] HCA 26; 236 CLR 1 Lindholdt v Hyer [2008] NSWCA 264; 251 ALR 514 Maralinga Pty Ltd v Major Enterprises Pty Ltd [1973] HCA 23; 128 CLR 336 Moratic Pty Ltd v Gordon [2007] NSWSC 5; (2007) NSW ConvR 56-172; ANZ Conv R 198; Aust Contract Reports 90-255 Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65; 69 NSWLR 603 Tarabay Pty Ltd v Leite [2008] NSWCA 259 Wade v Burns [1966] HCA 35; 115 CLR 537
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