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Lo v Russell
[2016] VSCA 323
Citation 1
(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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Commissioner of Taxation v Reliance Carpet Co Pty Ltd
[2008] HCA 22
Citation 2
(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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R v Frugtniet
[1999] VSCA 58
Citation 3
(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
Citation 4
(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
Citation 5
(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between the rights which flow from rescission ab initio and rescission de futuro and stated that, where a vendor rescinded the contract for the purchaser’s breach, the contract was not rescinded ab initio but was rescinded de futuro , so as…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
Citation 6
…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
Citation 7
(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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McHutchison v Asli
[2017] VSC 258
Citation 8
(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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Houlahan v Trentham Investment Management Pty Ltd
[2016] VSC 240
Citation 9
(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
Citation 10
(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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Paterson v Batrouney & anor
[2000] VSC 313
Citation 11
(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
Citation 12
(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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Nicolacopoulos v Khoury
[2010] VCC 1576
Citation 13
(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…