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La Fontaine, Peter Francis v La Fontaine, Raymond

La Fontaine, Peter Francis v La Fontaine, Raymond

Case [2009] VCC 1678

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AGLC: La Fontaine, Peter Francis v La Fontaine, Raymond [2009] VCC 1678
Case: [2009] VCC 1678
Decision Date: 27 November 2008

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La Fontaine, Peter Francis v La Fontaine, Raymond [2009] VCC 1678

Cases Citing This Decision

Cases Cited

Statutory Material Cited

R & A Cab Co Pty Ltd v Kotzman [2008] VSCA 68
Citation 1

…d to his obligation if and when he felt like it. In substance, the letter invited discussion about the manner of payment of the balance.[27] [26] [2008] VSCA 68. [27] [2008] VSCA 68, para. 54.…
Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61
Citation 2

…e termed renunciation. …Secondly, it may refer to any breach of contract which justifies termination by the other party. [18] (2007) 233 CLR 115, 135-136.…
Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd [1989] HCA 23
Citation 3

…his intention not to perform it or to fulfil it only in a manner substantially inconsistent with his obligations and not in any other way.[20] [20] (1989) 166 CLR 623, 647.…
Shevill v Builders Licensing Board [1982] HCA 47
Citation 4

…m of $120,000 or any part of it would be used for repairs to the buildings on the trust property. [23] See Shevill v Builders Licensing Board (1982) 149 CLR 620, 625-626. 31 Accordingly it is not necessary for me to consider whether the failure by Raymond to pay the $5000 due under the sale agreement was a breach of…
Carr v JA Berriman Pty Ltd [1953] HCA 31
Citation 5

…rescind after he has given a notice requiring performance within a specified reasonable time and after non-compliance with that notice. [30] (1953) 89 CLR 327, 348 -349.…
Phillips v Ellinson Brothers Pty Ltd [1941] HCA 35
Citation 6

…Pty. Ltd. [28] He submitted that this is not a case where the plaintiff is unable to recover anything until the whole of the work was done. [28] (1941) 65 CLR 221, 222-223. 42 The defendant submitted that Peter has been paid everything which was due under the sale agreement and that the sale agreement has been full…
Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66
Citation 7

…will give the other party a right to rescind; the other party may treat himself as discharged upon any breach of the promise however slight.[25] [25] Tramways Advertising Pty. Ltd. v Luna Park (NSW) Ltd. (1938) 38 SR (NSW) 632 at 641-642 per Jordan CJ. 36 Accordingly the failure by Raymond to pay the balance of $5000 which he had promised to pay Paul under t…

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