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Cases Citing This Decision
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Statutory Material Cited
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Immer (No 145) Pty Ltd v Uniting Church in Australia Property Trust (NSW)
[1993] HCA 27
Citation 1
…plaintiff which could constitute a clear and unequivocal election. [7] [7] As per Immer Pty Ltd v Uniting Church in Australia Property Trust (1993) 182 CLR 26 31 A person confronted with a choice between the exercise of alternative and inconsistent rights is not bound to elect at once. She may instead keep the ques…
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Sargent v ASL Developments Ltd
[1974] HCA 40
Citation 2
…ng as she does not affirm the contract and so long as the delay does not cause prejudice to the other side.[8] [8] Sargent v ASL Developments (1974) 131 CLR 634 at 656 32 In this case, the alleged “failure” to immediately move to rescission is not enough to constitute a waiver of the plaintiff’s rights as she was not…
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Tropical Traders Ltd v Goonan
[1964] HCA 20
Citation 3
…payment on the original date. Rather time continues to be of the essence though in respect of the later date.[9] [9] Tropical Traders Ltd v Goonan (1963) 111 CLR 41 40 In this case, I do not find in the letter of 17 November 2008 a determination not to rescind for the defendant’s failure to pay the deposit.[10] Mor…