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Donaldson v Bexton[2006] QCA 559

Reported at [2007] 1 Qd R 525
CITATION: Donaldson v Bexton [2006] QCA 559
JUDGE(S): Jerrard JA, Keane JA, McMurdo J
DELIVERED ON: 22 December 2006
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Editorial Notes

  • Published Case Name:

    Donaldson & Donaldson v Bexton & Bexton

  • Shortened Case Name:

    Donaldson v Bexton

  • Reported Citation:

    [2007] 1 Qd R 525

  • MNC:

    [2006] QCA 559

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Keane JA, McMurdo J

  • Date:

    22 Dec 2006

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC2074/06 (No Citation)-Application for summary judgment for specific performance of a sale contract alleged to be at an end by nonperformance of a precondition; application dismissed: Fryberg J.
Appeal Determined (QCA)[2006] QCA 559 [2007] 1 Qd R 52522 Dec 2006Appeal dismissed with costs; appeal against dismissal of summary judgment application; once it is accepted that non-fulfilment of a condition confers a right of termination on either party, then the circumstance that the condition was inserted for the benefit only of the purchaser does not render the right of the vendor to terminate vulnerable to a right in the purchaser to keep the contract on foot: Jerrard, Keane JJA and McMurdo J (McMurdo J dissenting).
Special Leave Discontinued (HCA)[2007] HCATrans 15324 Apr 2007Dismissed by consent: Kirby, Hayne and Crennan JJ.

Appeal Status

Appeal Determined - Special Leave Discontinued (HCA)

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