NEWSCOPE INVESTMENTS PTY LTD -v- MANERA & ORS [2006] WASC 220
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 220 | |
| Case No: | CIV:1594/2006 | 13 SEPTEMBER 2006 | |
| Coram: | McKECHNIE J | 29/09/06 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Caveat extended | ||
| B | |||
| PDF Version |
| Parties: | NEWSCOPE INVESTMENTS PTY LTD (ACN 111 913 538) PETER ALBERT MANERA ADRIANA LAURA MANERA REGISTRAR OF TITLES |
Catchwords: | Contract Misdescription in name of company Whether no contract Whether caveatable interest |
Legislation: | Transfer of Land Act 1893 (WA) |
Case References: | Black v Smallwood (1966) 117 CLR 52 Custom Credit Corporation Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42 F Goldsmith (Sicklesmere) Ltd v Baxter [1970] Ch 85 Ford v Young (1882) 3 ALT 85 Kingstream Steel Ltd v Stemcor UK Ltd [2001] WASCA 138 Mander Pty Ltd v Clements [2005] WASCA 67; (2005) 30 WAR 46 National Education Advancement Programs (NEAP) Pty Ltd v Ashton (1995) 14 ACLC 30 Porter v McDonald [1984] WAR 271 Burns v Bayliss [2006] WASC 102 Expectation Pty Ltd v Pinnacle VRB Ltd [2002] WASCA 160 Halse v Embling, unreported; FCt SCt of WA; Library No 970734; 22 December 1997 Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd (1938) 61 CLR 286 Phillips Fox (a firm) v West gold Resources NL [2000] WASCA 85 Samampow v Mercator Property Consultants Pty Ltd [2005] WASCA 64 SDS Corp Ltd v Pasdonnay Pty Ltd [2004] WASC 26 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
PETER ALBERT MANERA
ADRIANA LAURA MANERA
First Defendants
REGISTRAR OF TITLES
Second Defendant
Catchwords:
Contract - Misdescription in name of company - Whether no contract - Whether caveatable interest
Legislation:
Transfer of Land Act 1893 (WA)
(Page 2)
Result:
Caveat extended
Category: B
Representation:
Counsel:
Plaintiff : Mr J C Hammond
First Defendants : Ms C H Thompson
Second Defendant : No appearance
Solicitors:
Plaintiff : Hammond Worthington
First Defendants : Martella & Co
Second Defendant : No appearance
Case(s) referred to in judgment(s):
Black v Smallwood (1966) 117 CLR 52
Custom Credit Corporation Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42
F Goldsmith (Sicklesmere) Ltd v Baxter [1970] Ch 85
Ford v Young (1882) 3 ALT 85
Kingstream Steel Ltd v Stemcor UK Ltd [2001] WASCA 138
Mander Pty Ltd v Clements [2005] WASCA 67; (2005) 30 WAR 46
National Education Advancement Programs (NEAP) Pty Ltd v Ashton (1995) 14 ACLC 30
Porter v McDonald [1984] WAR 271
Case(s) also cited:
Burns v Bayliss [2006] WASC 102
Expectation Pty Ltd v Pinnacle VRB Ltd [2002] WASCA 160
Halse v Embling, unreported; FCt SCt of WA; Library No 970734; 22 December 1997
Luna Park (NSW) Ltd v Tramways Advertising…
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- Case
- [2006] WASC 220
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to decide were whether the contract was valid despite the misdescription of the buyer's name and whether the plaintiff had a caveatable interest. The court considered the authorities of Kingstream Steel Ltd v Stemcor UK Ltd [2001] WASCA 138 and Mander Pty Ltd v Clements [2005] WASCA 67; (2005) 30 WAR 46, which supported the plaintiff's position. The court also relied on the decision in F Goldsmith (Sicklesmere) Ltd v Baxter [1970] Ch 85, which held that a misdescription of a vendor in a contract for the sale of land could be corrected if there was sufficient evidence to identify the vendor.
The court found that there was a serious question to be tried that the plaintiff was indeed the purchaser, and the misdescription of the plaintiff's name did not defeat the contract. The court was satisfied that the plaintiff had a caveatable interest and extended the caveat. The court ordered that the plaintiff take swift action to determine whether it had an interest in the properties.
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