NSW Caselaw
New South Wales Court of Appeal
CITATION: Callaghan v Dunning [2009] NSWCA 112
HEARING DATE(S): 7 May 2009 JUDGMENT OF: Hodgson JA at [1], [29], [36]; Young JA at [2]; Bergin CJ in Eq at [35]
EX TEMPORE JUDGMENT DATE: 7 May 2009
DECISION: Appeals dismissed with costs.
CATCHWORDS: CONVEYANCING - vendor and purchaser- matters arising between contract and completion- whether contract validly rescinded- whether trial judge erred in construction of a special condition of a contract for the sale of land- whether letter from architect was a determination according to that clause- trial judge was correct in finding that the letter was not a determination according to the clause- appeals dismissed. - WORDS AND PHRASES - "Delay".
LEGISLATION CITED: Supreme Court Act 1970, s 101(2)(r)
CASES CITED: Westminster Corporation v J Jarvis & Sons Ltd [1970] 1 WLR 637 William Cable Ltd v Trainor [1957] NZLR 337 (CA)
40268/08: Stephen Lloyd Callaghan (1st Appellant) Kenneth Reginald Hardaker (2nd Appellant) John Alban Dunning (Respondent) PARTIES: 40269/08: Stephen Lloyd Callaghan (1st Appellant) Kenneth Reginald Hardaker (2nd Appellant) Thomas David Dunning (1st Respondent) Pauline Dunning (2nd Respondent)
FILE NUMBER(S): CA 40268/08; 40269/08
COUNSEL: M J Watts (Appellants) B Ralston (Respondents)
SOLICITORS: Grogan & Webb (Appellants) St Mary's Legal (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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