NSW Caselaw
New South Wales Court of Appeal
CITATION: Sedrak v Starr [2010] NSWCA 297
HEARING DATE(S): 1 September 2010
JUDGMENT DATE: 10 November 2010
JUDGMENT OF: Beazley JA at 1; Campbell JA at 2; Sackville AJA at 3
DECISION: The appeal is dismissed. The appellant is to pay the respondent's costs of the appeal.
CATCHWORDS: VENDOR AND PURCHASER – purchaser rescinds contract for the sale of a pharmacy business – deposit forfeited – whether purchaser complied with warranty to do all things necessary to obtain the landlords' consent to assignment of the lease – construction of warranty – whether landlords' consent could not have been obtained in any event – no basis for ordering return of deposit.
LEGISLATION CITED: Conveyancing Act 1919
CATEGORY: Principal judgment
Hunyor v Tilelli (1997) 8 BPR 15, 629 CASES CITED: Neeta (Epping) Pty Ltd v Phillips [1974] HCA 18; 131 CLR 286 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418
PARTIES: Maged Sedrak (Appellant) Gavin Mark Starr (Respondent)
FILE NUMBER(S): CA 2009/298578
COUNSEL: R Harper SC; F Santisi (Appellant) J Gormly QC; D Shoebridge (Respondent)
SOLICITORS: JN Legal Solicitors & Attorneys (Appellant) Woods & Day Solicitors (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5407/2008
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 18 September 2009; 5 November 2009; 6 November 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Magred Sedrak v Gavin Mark Starr [2009] NSWSC 996; Magred Sedrak v Gavin Mark Starr [2009] NSWSC 1178; Magred Sedrak v Gavin Mark Starr [2009] NSWSC 1193
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