NSW Caselaw
New South Wales Supreme Court
CITATION : Perpetual Trustee Company Ltd v Montpensier Pty Ltd [2010] NSWSC 1354
HEARING DATE(S) : 18 November 2010
JUDGMENT DATE : 2 December 2010
JURISDICTION : POSSESSION LIST
JUDGMENT OF : Davies J
DECISION : (1) The first Cross-Claim by Gary James Baker against the Second Cross-Defendant is dismissed. (2) The Cross-Claimant is to pay the Second Cross-Defendant's costs.
CATCHWORDS : PROCEDURE - summary dismissal - letter of offer of finance - right to withdraw offer if matter arises which may adversely affect the proposed loan - unavailability of funds to lender - whether matter arising - offer alleged to be misleading and deceptive - whether issue of fact for trial - construction of agreement is a matter of law - Cross-Claim dismissed.
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
CATEGORY : Procedural and other rulings
Butt v Long (1953) 88 CLR 476 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jennings v Credit Corp Australia Pty Ltd (2000) 48 NSWLR 709 Schenker & Co (Aust) Pty Ltd v Maplas Equipment and Services Pty Ltd [1990] VR 834
Perpetual Trustee Company Ltd (Plaintiff) Montpensier Pty Ltd (First Defendant) PARTIES : Gary James Baker (Second Defendant/Cross-Claimant) Challenger Managed Investments Limited (Second Cross-Defendant/Applicant) LandMark White (Third Cross-Defendant)
FILE NUMBER(S) : SC 2009/297367
G Lucarelli (Plaintiff) COUNSEL : B Burke (Second Cross-Defendant/Applicant) M Klooster (Second Defendant/Cross-Claimant) S Dow (Third Cross-Defendant)
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