NSW Caselaw
New South Wales Supreme Court
CITATION : James v Barker [2009] NSWSC 725
HEARING DATE(S) : 13, 14 and 15 July 2009
JUDGMENT DATE : 30 July 2009
JURISDICTION : Equity
JUDGMENT OF : Tamberlin AJ
DECISION : (1) I direct the parties to provide Short Minutes of Order within 10 days reflecting the reasons given in this judgment. (2) The first defendant is to pay the plaintiff's costs of the proceedings.
CATCHWORDS : CONTRACT - Whether oral agreement reached between the parties to the effect that one party agreed not to sever joint tenancy - whether repudiations by one party - REAL PROPERTY - defences to applications for the appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW) - whether there can be agreement not to sever.
LEGISLATION CITED : Conveyancing Act 1919 (NSW)
CATEGORY : Principal judgment
Goyal v Chandra (2006) 68 NSWLR 313 CASES CITED : Laurinda Pty Limited v Capalaba Park Shopping Centre Pty Limited (1989) 166 CLR 623 Nagatoa v Ford (1990) 19 NSWLR 72 Williams v Legg (1993) 29 NSWLR 687
TEXTS CITED : Cheshire and Fifoot's Law on Contract, 8th Australian edition, Seddon and Ellinghaus (2002) at [21.11]
Jennifer Elizabeth James (Plaintiff) PARTIES : Howard John Barker (First Defendant) The Registrar-General (Second Defendant)
FILE NUMBER(S) : SC 7568/2007
COUNSEL : R D Wilson (Plaintiff) A Crossland (First Defendant)
McGowan Solicitors (Plaintiff) SOLICITORS : L J Rickard (First Defendant) Submitting Appearance (Second Defendant)
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