NSW Caselaw
New South Wales Supreme Court
CITATION : Bondi Beach Astra Retirement Village Pty Ltd v Noon [2009] NSWSC 461
HEARING DATE(S) : 20 & 21 May 2009
JUDGMENT DATE : 2 June 2009
JUDGMENT OF : Smart AJ
DECISION : Order in the nature of specific performance of the agreement between CG Maloney Pty Ltd and the late Brian and Jennifer Noon requiring the defendants to convey Unit 42, 34 Campbell Parade to CG Maloney Pty Ltd or its nominee for $197,000.
CATCHWORDS : Unit in retirement village - terms of initial contract for sale resolved - contract for sale also serving as a residence contract under Retirement Villages Act 1989 and mandatory Code of Practice - Contract containing Disclosure Statements under Code and necessity therefor - whether buy back arrangement amounted to an option within s 66ZG of the Conveyancing Act - exercise of option by agent - construction of s 66ZG including amending legislation - correction of mistakes by construction not rectification
Conveyancing Act 1919 (as amended) Conveyancing (Sale of Land) Amendment Act 1990 Conveyancing Amendment Act 1997 LEGISLATION CITED : Interpretation Act 1987 Retirement Villages Act 1989 Retirement Villages Act 1999 Retirement Village Industry Code of Practice Regulation 1995 (under Fair Trading Act 1987) Strata Titles Act 1973
CATEGORY : Principal judgment
Lindsay v Balgi (1993) 30 NSWLR 244 McHugh Holdings Pty Ltd v Newtown Colonial Hotel Pty Ltd [2008] NSWSC 542 CASES CITED : Mineaplenty Pty Ltd v Trek 31 Pty Ltd [2006] NSWSC 1203 Pacific Rim Developments Pty Ltd v Anketell [1999] NSWSC 304 Player & Ors v Isenberg & Ors [2002] NSWCA 186
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