Gubbay v Burnet [2012] NSWCA 174

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gubbay v Burnet [2012] NSWCA 174 Hearing dates: 30 May 2012 Decision date: 30 May 2012 Before: Bathurst CJ at [1]; Basten JA at [20]; Tobias AJA at [21]. 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: CONTRACT - termination - rescission - whether contract affirmed or terminated CONTRACT - termination - breach - defences - compromise - whether release of cause of action by accord and satisfaction EQUITY - estoppel - promissory estoppel - whether respondent estopped from terminating contract for appellant's breach Legislation Cited: Conveyancing Act 1900, s 55(2A) Property, Stock and Business Agents Act 2002, s 86 Category: Principal judgment Parties: Lily Maria GUBBAY (Appellant) David Anthony BURNET (First Respondent) Pamela Jane CLANCY (Second Respondent) Representation: Counsel: Mr M W Sneddon; Mr A Ahmad (Appellant) Mr J A Darvall (Respondent) Solicitors: Spooner & Hall (Appellant) Kevin O'Kane & Co (Respondents) File Number(s): 2010/225317 Decision under appeal Citation: [2011] NSWSC 977 Date of Decision: 2011-08-29 00:00:00 Before: Bergin CJ in Eq File Number(s): 2010/225317