Hearse v Staunton [2011] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hearse v Staunton [2011] NSWCA 139 Hearing dates: 19 May 2011 Decision date: 03 June 2011 Before: McColl JA at [1]; Young JA at [2]; Whealy JA at [9]. Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Vendor and purchaser- husband on contract as sole purchaser- purchaser's solicitor tells vendors' solicitor that wife will be joint transferee and to alter contract- vendors' solicitor does so- wife never intends that she be party to contract- purchaser's solicitor sued for breach of warranty of authority- verdict for defendant upheld on appeal. Legislation Cited: Duties Act 1997, s 18 Cases Cited: Lee v Irons [1958] VR 436 Masters v Cameron [1954] HCA 72; 91 CLR 353 Peter Warren (Properties) Pty Ltd v Jalvoran Pty Ltd [2004] NSWSC 1149; 12 BPR 22,649 Pianta v National Finance & Trustees Ltd [1964] HCA 61; 180 CLR 146 Category: Principal judgment Parties: Phillip Baden Hearse (First Appellant) Robyn Mignon Hayes Hearse (Second Appellant) Dennis Michael Staunton (First Respondent) Bruce Lochart Thompson (Second Respondent) Andrew Richard Corish (Third Respondent) Representation: D H Murr SC (Appellants) G Curtin SC (Respondents) Lander & Lander Lawyers (Appellants) Henry Davis York Lawyers (Respondents) File Number(s): CA 2006/262913 Decision under appeal Citation: Hearse & Anor v Staunton & Ors [2010] NSWSC 954 Date of Decision: 2010-09-01 00:00:00 Before: Hall J File Number(s): SC 12574/06