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McHutchison v Asli
[2017] VSC 258
Para 1
…attention and without negligence: Payne & Anor v Morrison (1992) V ConvR 54-428. This test has recently been applied by Digby J in McHutchison v Asli [2017] VSC 258 (‘ McHutchison ’) at [19].…
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Lo v Russell
[2016] VSCA 323
Para 17
…The Court of Appeal has made this distinction clear recently. Lo v Russell [2016] VSCA 323 (‘Lo’) involved a direct dealing between an estate agent and purchaser. The Court of Appeal considered the question of whether a notice of termination sent by the purchaser to the vendor’s estate agent was effective under s3…
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Houlahan v Trentham Investment Management Pty Ltd
[2016] VSC 240
Para 7
…Houlahan & Ors v Trentham Investment Management Pty Ltd & Ors (‘ Houlahan’ ) [2016] VSC 240 involved a contract with relevantly identical terms to the one in this case. There, unlike here, the vendors' solicitors served a default notice on the purchaser, giving 14 days within which to remedy its default in not pa…
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Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd
[2014] VSC 57
Para 4
…The purchaser refers to Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd [2014] VSC 57 ( ‘ Portbury ’ ) at [469], which he submits involves an identical clause in a contract of sale. In that case, Garde J allowed interest under general condition 26 of the relevant sale contract from the date the dep…
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Nicolacopoulos v Khoury
[2010] VCC 1576
Para 3
…In Nicolacopoulos v Khoury [2010] VCC 1576 (‘ Nicolacopoulos’ ), Judge Ginnane (as he then was) held that he was bound by 58th Highwire to determine the issue objectively: see at [34], [35]. In that case the omitted information was the existence of an owners corporation affecting the property. Judge Ginnane said a…
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Commissioner of Taxation v Reliance Carpet Co Pty Ltd
[2008] HCA 22
Para 4
…In Commissioner of Taxation v Reliance Carpet Pty Ltd [2008] 236 CLR 342 (‘ Commissioner of Taxation v Reliance’) the High Court said: In the absence of an express contractual stipulation to the contrary, a vendor terminating a contract for default by the purchaser in completion is entitled to retain the depos…
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Paterson v Batrouney & anor
[2000] VSC 313
Para 18
…someone else to prepare the s32 statement was mentioned favourably as a reason the vendors might be held to have acted reasonably: 58th Highwire, and Paterson v Batrouney (2001) V ConvR 54-639 (‘ Paterson’ ). I respectfully agree with the analysis in these cases.…
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Bonacci v Ruyten
[2000] VSC 138
Para 11
…ment, as it falls within the description of an approved proposal directly and currently affecting the land under s32D(a) of the Act: Bonacci v Ruyten [2000] VSC 138 and Overton v Baker [1997] 2 VR 297 at 315.…
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R v Frugtniet
[1999] VSCA 58
Para 11
…f an approved proposal directly and currently affecting the land under s32D(a) of the Act: Bonacci v Ruyten [2000] VSC 138 and Overton v Baker [1997] 2 VR 297 at 315.…
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Jones v Dunkel
[1959] HCA 8
Para 13
…the effect that she came. Irene was not called to give evidence. I assume from this that her evidence would not have assisted Mr Lau: Jones v Dunkell (1959) 101 CLR 298.…
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Holland v Wiltshire
[1954] HCA 42
Para 5
…In Holland v Wiltshire (1954) 90 CLR 409 at 411, Dixon CJ drew a distinction between the rights which flow from rescission ab initio and rescission de futuro and stated that, where a vendor rescinded the contract for the purchaser’s breach, the contract was not rescinded ab initio but was rescinded de futuro , so as…
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McDonald v Dennys Lascelles Ltd
[1933] HCA 25
…ment Management Pty Ltd & Ors [2016] VSC 240; Howe v Smith (1884) 27 Ch D 89; Lo v Russell [2016] VSCA 323; McDonald v. Dennys Lascelles Ltd [1933] 48 CLR 457; McHutchison v Asli [2017] VSC 258; Narcan v Piccol Credit Co-op (1992) V Conv R 54-226; Nicolacopoulos v Khoury [2010] VCC 1576; Nund v McWaters [1982…
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Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co-Operative Assurance Co of Australia Ltd
[1931] HCA 53
Para 8
…nac’ ) at 1137, Colonial Mutual Life Assurance Society Limited v Producers and Citizens Co‑operative Assurance Company of Australia Limited (1931) 46 CLR 41 (‘ Colonial’ ) at 50. He says that an agent is simply a person who has authority to act on behalf of a principal: Erikson v Carr (1945) 46 SR (NSW) 9 (‘ Erikso…
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[1976] AC 104
[1976] AC 104
Para 17
…nt of the vendor in the relevant sense: Payne & Anor v Morrison (1992) 2 ConvR 54-428 (‘ Payne’ ) and Deemcope Pty Ltd v Cantown Pty Ltd [1995] 2 VR 44 (‘ Deemcope’ ). They involve circumstances where a vendor relied on someone employed by him to ensure his obligations were complied with, that person was h…
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[1980] AC 367
[1980] AC 367
Para 5
…cinded ab initio but was rescinded de futuro , so as to preserve the vendor's right to damages. The House of Lords approved this in Johnson v Agnew [1980] AC 367 at 397.…
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(1897) AC 180
(1897) AC 180
Para 11
…gal obligations attaching to agency that use of the word is only misleading’ (per Lord Herschell in Kennedy v De Trafford (1897) AC 180, at p. 188). Unfortunately, too, the expressions ‘for,’ ‘on behalf of,’ ‘for the benefit of’ and even ‘authorize’ are often used in relation to services which, although done for…
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Kennedy v De Trafford
(1896) AC 180
Para 11
…ances as create the legal obligations attaching to agency that use of the word is only misleading’ (per Lord Herschell in Kennedy v De Trafford (1897) AC 180, at p. 188). Unfortunately, too, the expressions ‘for,’ ‘on behalf of,’ ‘for the benefit of’ and even ‘authorize’ are often used in relation to services which, although d…
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[1968] AC 1130
[1968] AC 1130
Para 8
…tement. He submits that an agent is one who acts consensually on another’s behalf: Garnac Grain Company Incorporated v HMF Faure & Fairclough Ltd [1968] AC 1130 (‘ Garnac’ ) at 1137, Colonial Mutual Life Assurance Society Limited v Producers and Citizens Co‑operative Assurance Company of Australia Limited (1931)…