NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Stojanovski v Stojanovski [2012] NSWSC 1338 Hearing dates: 29, 30 and 31 October 2012 Decision date: 16 November 2012 Jurisdiction: Equity Division - Expedition List Before: Pembroke J Decision: See paragraph [21] Catchwords: CONTRACT - distinction between contingency and promissory condition CONTRACT - contingency - effect of expressions - "subject to and conditional upon" - and "void and of no effect" - meaning and effect when both expressions read together - "void" means "void" - contract not merely voidable at party's election CONTRACT - contingency - essentiality inherent - no issue of extension of time Legislation Cited: Family Provision Act 1982 Cases Cited: Charles Lodge Pty Ltd v Menahem [1966] VR 161 Gyllenhammar & Partners International Ltd v Sour Brodogradevna Industrija [1989] 2 Lloyd's Rep 403 Jireh International Pty Ltd v Western Export Services Inc [2011] NSWCA 137 Madden-Smith v Madden [2012] NSWSC 146 MK & JA Roche Pty Ltd v Metro Edgeley Pty Ltd [2005] NSWCA 39 Perri v Coolangatta Investments Pty Ltd [1982] HCA 29; (1982) 149 CLR 537 Rudi's Enterprises Pty Ltd v Jay (1987) 10 NSWLR 568 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 Tricontinental Corporation Ltd v HDFI Ltd (1990) 21 NSWLR 689 Waterman v Gerling Australia Insurance Company Pty Ltd [2005] NSWSC 1066 Texts Cited: Carter, Breach of Contract (2nd Edition, 1991) Cheshire & Fifoot, Law of Contract (10th Australian Edition, 2012) Swanton, "Subject to Finance" Clauses in Contracts for the Sale of Land (1984) 58 ALJ 633 Category: Principal judgment Parties: Steven Stojanovski - plaintiff Robert Stojanovski - first defendant Jovanka Stojanovski - second defendant Representation: Counsel: C J Bevan – for the plaintiff P M Wass with C P O'Neill – for the first defendant G M Gould – for the second defendant Solicitors: OneGroup Legal Pty Ltd – for the plaintiff Swaab Attorneys – for the first defendant Wilshire Webb Staunton Beattie – for the second defendant File Number(s): 2012/089349
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