NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Stewart v Stewart [2012] NSWSC 423 Hearing dates: 30 April 2012 Decision date: 30 April 2012 Jurisdiction: Equity Division Before: Pembroke J Decision: No concluded agreement reached Catchwords: CONTRACT - whether concluded agreement reached - principles applicable - sale of business - significance of background context - family acrimony - intention that there be exchange of signed contracts - matters outstanding Cases Cited: Allen v Carbone (1975) 132 CLR 528 Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Byrnes & Anor v Kendle (2001) 243 CLR 253 Masters v Cameron (1954) 91 CLR 353 Taylor v Johnson (1983) 151 CLR 422 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Category: Separate question Parties: Craig Charles Stewart - plaintiff Margaret Ruth Stewart - first defendant Brian John Pickup - second defendant Moore Stephens Sydney West Pty Limited - third defendant Representation: Counsel: Craig Charles Stewart - litigant in person A F Fernon - for the first defendant P A Horvath - for the second and third defendants Solicitors: Craig Charles Stewart - litigant in person Champion Legal - for the first defendant Curwoods Lawyers - for the second and third defendants File Number(s): 2012/00085835
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