PAR Recycling v Shoebill Pty Ltd (Supreme Court of NSW, No. 2020/00039362) and Somersby Aust Pty Ltd v Gallagher & PAR Recycling Pty Ltd (Supreme Court of NSW, No 2020/00244319) were heard together by Parker J in the period 2 April – 12 April 2024. Judgment in both matters is currently reserved. In summary, the proceedings involved claims for damages for breach of contract and misleading or deceptive conduct, claims for unpaid rent, a claim for specific performance and a claim under a guarantee. Issues concerning the application of section 117 of the Conveyancing Act and principles derived from Walsh v Lonsdale were also raised.
This expedited matter was heard by Meek J on 11-18 July 2022. The dispute concerned various put and call option deeds relating to a block of 10 residential home units which were to be sold in one line to a purchaser. Relevant interdependent contracts for sale were exchanged with a single conveyancer authorised to liaise with the purchaser and to give permissions and receive notices under deeds. Claims for declaratory relief and damages (including equitable damages) were made in circumstances where the interdependent contracts of sale had been terminated after Notices to Complete had been served and not complied with by the purchaser. Principles regarding electronic conveyancing were raised including the duty to cooperate in the context of PEXA settlement. In addition, questions concerning a conveyancers duty of care were raised as were notices to complete requirements and the availability of equitable remedies. See also a reference to this matter under the heading, "Insurance - Professional indemnity/licensed conveyancers" on this web-site. See also, the practice areas, Contract Law as well as Equity and Trusts - Specific Performance also on this web-site for further elaboration on this decision.
This matter, the hearing of which commenced in November 2018, alleged a breach of retainer and negligence against solicitors. It was contended that the solicitors failed to act expeditiously to protect the interests of a person by the timely preparation, lodgement and registration of a caveat over a property. The matter involved cross-claims and raised issues of loss.
This matter involved a dispute about a caveat and raised issues of a caveatable interest.
These proceedings concerned an application to set aside a caveat lapsing notice. The application was drafted and evidence served.
This matter concerned a complicated strata titles dispute concerning boundary re-alignments and corresponding unit entitlement. It also included disputes concerning proper meeting procedure.
An issue which arose in these proceedings was whether the statement of claim ought to have been struck out.
This matter concerned a notice to complete and whether such a notice made time of the essence.
This matter involved a lease dispute.
This matter concerned an application to terminate a retail lease. It involved questions of unconscionable conduct within the meaning of section 62B of the Retail Leases Act 1994.
This matter involved an application to be appointed trustees in relation to real property in circumstances where 2 infants were registered proprietors of land in strata plans.
This matter involved an application to extend a caveat.
This matter involved an application for possession of land pursuant to a mortgage.
This matter concerned allegations of misleading and deceptive conduct in relation to the sale of land. It also concerned claims based on allegation of breaches of section 51A, 53A of the Trade Practices Act as well as negligent misrepresentation. Questions of damages for loss of profit/and expectation loss were also raised.
This matter involved a commercial strata title dispute involving the failure to register a by-law which would have enabled billboard signage on a city building. Questions of duty of care and assessment of damage were also raised. The matter also involved an interlocutory application for security for costs.
This matter involved a claim for damages under the Retail Leases Act 1994 following re-entry into his premises by the lessor
This case concerned an application for specific performance of a contract for sale of land. Issues in relation to the conduct of a real estate agent in the property transaction were raised.
This matter involved an occupiers liability claim brought by a person who sustained injuries in an accident on a property. Questions of contributory negligence were raised.
This matter involved claims for breaches of sections 51AA [unconscionability], 52 [misleading and deceptive conduct] and 51AC [unconscionability] of the Trade Practices Act. It also involved claims of breaches of the Retail Leases Act and of derogation of grant.
This matter related to the exercise of a power of sale by a mortgagee and the contention that there was a breach of the relevant duty resulting in financial loss.
This case involved an application by a mortgagor to restrain the sale by a mortgagee. A question arose as to whether there had been a binding contract for sale.
This case involved a consideration of whether an option had been exercised by placing a document in a mail box and whether there was a necessity for communication of acceptance in the circumstances. It also involved issues of readiness and willingness and of criteria for a valid lease under the Retail Leases Act.
This case concerned whether a party was bound to an unregistered lease for two years and whether the tenant was estopped from asserting the original lease between the parties.
This matter involved a commercial lease dispute involving claims for breach of lease and of various provisions of the Retail Leases Act.
In this matter claims for an interest in property in consequence of an alleged constructive trust were made. This matter is also referred to under the Practice Area, Equity and Trusts -Trusts.
