C G Maloney Pty Ltd v Noon [2011] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: C G Maloney Pty Ltd v Noon [2011] NSWSC 242 Hearing dates: 22-23 February 2011 Decision date: 25 March 2011 Before: Rein J Decision: Proceedings dismissed Catchwords: CONTRACTS - contract of sale of property which includes a buyback option - construction of contract - whether as a matter of construction the buyback option to a third party was a promise made to the plaintiff - whether the plaintiff can enforce a promise for the benefit of a third party - absence of mutuality ESTOPPEL - Anshun estoppel - whether the plaintiff is precluded from bringing its claim - whether it was unreasonable for the plaintiff not to have pursued its current claim in previous proceedings ASSIGNMENT - assignment of contractual rights - whether the plaintiff has standing to bring its claim - whether the plaintiff has assigned all of its rights to a third party who is not a party to these proceedings - whether the subject matter of the assignment is capable of being assigned at all - whether the notice given to the defendants was effective Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Attorney-General (NT) v Maurice [1986] HCA 80; (1986) 161 CLR 475 Benecke v National Australia Bank (1993) 35 NSWLR 110 Beswick v Beswick [1968] AC 58 Bondi Beach Astra Retirement Village Pty Ltd v Gora [2010] NSWSC 81 Bondi Beach Astra Retirement Village Pty Ltd v Noon [2009] NSWSC 461 Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd (2006) 229 CLR 386 Champerslife Pty Ltd v Manojlovski [2010] NSWCA 33; (2010) 75 NSWLR 245 Consolidated Trust Co Ltd v Naylor (1936) 55 CLR 423 Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Glegg v Bromley [1912] 3 KB 474 Henderson v Henderson (1843) 3 Hare 100; 67 ER 313 Johnson v Gore Wood & Co [2002] 2 AC 1 Noon v Bondi Beach Astra Retirement Village Pty Ltd [2010] NSWCA 202 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 Prosser v Edmonds (1835) 160 ER 196 Saffron Walden Second Benefit Buildings Society v Rayner (1880) 14 Ch.D. 406 Texts Cited: I C F Spry, The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages, 6th ed (2001), Law Book Co R Meagher, D Heydon & M Leeming, Meagher, Gummow & Lehane's Equity Doctrines & Remedies, 4th ed (2002), LexisNexis Butterworths Category: Principal judgment Parties: C G Maloney Pty Ltd CAN 000 449 374 (plaintiff) Gregory Brian Noon (first defendant) Matthew Jack Noon (second defendant) Representation: Counsel: B Coles QC; B DeBuse (plaintiff) A S Bell SC (defendants) Solicitors: McCooe Raves & Poole (plaintiff) Gilbert + Tobin (defendants) File Number(s): SC 2010/423568