NSW Caselaw
New South Wales Court of Appeal
CITATION: PACT PROPERTY PTY LTD v APF COMMERCIAL PTY LTD [2009] NSWCA 218
HEARING DATE(S): 26 May 2009
JUDGMENT DATE: 27 July 2009
JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Young JA at 49
1. The questions should be answered as follows: Question 1(a): No. Question 1(b): Yes. Question 1(c): No. Question 1(d): Unnecessary to answer. DECISION: Question 2(a)-(c): Unnecessary to answer.
2. Direct the parties to confer as to the orders required to dispose of the appeal and, if a common position cannot be reached, (a) each to file and serve its proposed orders and submissions in support thereof within 14 days, and (b) each to file and serve submissions in reply (if any) within a further seven days. Liberty to apply within the 14 day period noted in (a) if an extension of time is to be sought.
CATCHWORDS: CONTRACTS – construction and interpretation of contracts – sale agreement – total purchase price payable in two stages – sale conditional on novation of agreements with numerous clients – variation of sale agreement when condition not met – lesser amount agreed for first payment – whether second payment to be calculated as percentage of first payment or on basis of novated agreements
LEGISLATION CITED: Property Stock and Business Agents Act 2002 (NSW), s 55
CATEGORY: Principal judgment
PARTIES: Pact Property Pty Ltd (Appellant) APF Commercial Pty Ltd (Respondent)
FILE NUMBER(S): CA 40309/08
COUNSEL: B A Coles QC/A F Fernon (Appellant) S Donaldson SC/J L Chambers (Respondent)
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