Foster v Hall [2012] NSWCA 122

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Foster v Hall [2012] NSWCA 122 Hearing dates: 15 March 2012 Decision date: 04 May 2012 Before: Macfarlan JA at [1] Meagher JA at [50] Tobias AJA at [51] Decision: The appeal is 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: CONTRACT - sale of property - agreement to use "best reasonable endeavours" to register plan of subdivision - whether "best reasonable endeavours" obligation differs from "best endeavours" obligation - vendors alleged that compliance with a condition of development consent was impossible and pointless - whether obligation to seek amendment of development consent Cases Cited: Centennial Coal Company Ltd v Xstrata Coal Pty Ltd [2009] NSWCA 341; 76 NSWLR 129 Hawkins v Pender Bros Pty Ltd [1990] 1 Qd R 135 Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64; 156 CLR 41 IBM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335 O'Rourke v P & B Corporation Pty Ltd [2008] WASC 36; 36 WAR 197 Category: Principal judgment Parties: Roland William Foster (First Appellant) Roland William Foster as Executor of the Estate of Heidi Marie Foster (Second Appellant) Julian Russell Hall (First Respondent) Emily Louise Hall (Second Respondent) Representation: Counsel: P Silver (Appellants) D H Murr SC/C Carroll (Respondents) Solicitors: HWL Ebsworth Lawyers (Appellants) Maguire & McInerney (Respondents) File Number(s): CA 2008/281699 Decision under appeal Citation: Hall v Foster [2011] NSWSC 295 Date of Decision: 2011-04-15 00:00:00 Before: Tamberlin AJ File Number(s): SC 2008/281699