Phillip Segal & Anor v Max Christopher Donnelly & Ors [2012] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: Phillip Segal & Anor v Max Christopher Donnelly & Ors [2012] NSWSC 833 Hearing dates: 14 and 15 June 2012 Decision date: 24 July 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Amended Summons dismissed. Order in accordance with Cross-Claim for the removal of caveat. Catchwords: [CONTRACT] - Whether solicitor authorised by registered proprietors of property to conduct sale process on their behalf - whether emails between solicitor and plaintiffs evidence an intention to enter into binding contract - where one co-owner acted as agent for the purchasers - whether other co-owner entitled to reject offer made by plaintiffs for purchase of the Property Legislation Cited: Conveyancing Act 1919 (NSW) Law of Property Act 1925 (UK) Law of Property (Miscellaneous Provisions) Act 1989 (UK) Cases Cited: AGC (Advances) Ltd v McWhirter (1977) 1 BPR 9454 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) NSW ConvR 55-299 Daulia Ltd v Four Millbank Nominees Ltd & Anor [1978] 1 Ch 231 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Masters v Cameron (1954) 91 CLR 353 Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 153 ALR 198 Payne v Cave (1789) 3 TR 148; 100 ER 502 Seivewright v Brennan [2005] NSWSC 216 Twynam Pastoral Company Pty Ltd v Anburn Pty Ltd (1989) 6 BPR 13,448 Category: Principal judgment Parties: Phillip Segal (1st Plaintiff) Deborah Cheung (2nd Plaintiff) Max Christopher Donnelly (1st Defendant) Morgan John Kelly (2nd Defendant) Daniel Ivan Cvitanovic as trustee for the Bankrupt Estate of Anthony Frank Garard (3rd Defendant) Denis Joseph James (4th Defendant) Fresh Start Bakeries Australia Pty Ltd (5th Defendant) Representation: Counsel: JS Emmett (Plaintiffs) MS Henry (1st, 2nd and 3rd Defendant) JL Doyle (5th Defendant) Solicitors: Low Doherty & Stratford (Plaintiffs) Meehans Solicitors (1st, 2nd and 3rd Defendants) Thomsons Lawyers (5th Defendant) File Number(s): 2012/162822