NSW Caselaw
New South Wales Supreme Court
CITATION : QLD Holdings – 1 v Collingwood Holdings [2009] NSWSC 732
HEARING DATE(S) : 29 and 30 June 2009
JUDGMENT DATE : 30 July 2009
JURISDICTION : Equity
JUDGMENT OF : White J
1. Order that the claims for relief in the statement of claim and cross-claim be dismissed. DECISION : 2. Direct that the moneys paid into court by Mr Castino and interest accrued thereon be paid to the defendant, or as Mr Guerinoni may direct. 3. Exhibits may be returned after 28 days.
CATCHWORDS : CONTRACTS – general contractual principles - whether parties made binding agreement – whether intention to be immediately bound – construction of terms of written document – consideration of surrounding circumstances - intention of parties was not to make a concluded bargain unless and until execution of formal documents prepared by solicitor
CATEGORY : Principal judgment
GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Sagacious Procurement Pty Ltd v Symbion Health Ltd [2008] NSWCA 149 CASES CITED : Masters v Cameron (1954) 91 CLR 353 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Biotechnology Australia Pty Ltd v Pace (1988) 15 NSWLR 130
QLD Holdings – 1 Pty Ltd PARTIES : v Collingwood Holdings Pty Ltd
FILE NUMBER(S) : SC 5805/07
COUNSEL : Plaintiff: P O'Loughlin Defendant: L Gor
SOLICITORS : Plaintiff: Philip Gengos & Co Defendant: Slater & Gordon
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WHITE J
Thursday, 30 July 2009
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