NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Exotic Retirement Living v Construct By Design Commercial [2018] NSWSC 860 Hearing dates: 06/06/2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss amended summons. Reserve costs. Catchwords: CONTRACT – assignment – deed purported to assign rights, title and interest in a car stacker to the plaintiff – at date of execution of deed, the defendant had no right, title or interest in the car stacker – deed of assignment expressed in present tense and not as an assignment of future property – assignment of car stacker ineffective.
EQUITY – assignment of future interest – only enforceable in equity if consideration paid or executed – no such consideration paid or executed in full – no assignment in equity. Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Holroyd v Marshall (1862) 10 HLC 191 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 Tailby v Official Receiver (1888) 13 App Cas 523 Texts Cited: J Heydon, M Leeming & P Turner, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th edition, 2015) Category: Principal judgment Parties: Exotic Retirement Living Pty Limited (in Liquidation) (Plaintiff) Construct by Design Commercial Pty Limited (Defendant) Representation: Counsel: D S Weinberger (Plaintiff) N Mirzai (Defendant)
Solicitors: Galilee Solicitors (Plaintiffs) Chedid Storey Legal (Defendant) File Number(s): 2018/148654
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