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Bellmere Park Pty Ltd v Cameron Samuel Benson [2007] QCA 102
JUDGE(S):
Williams JA, Muir J, McMurdo J
DELIVERED ON:
30 March 2007
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Editorial Notes
Published Case Name:
Bellmere Park P/L as trustee for the Bellmere Park Development Trust v Cameron Samuel Benson (as personal representative of the estate of Eric Gordon Benson)
Shortened Case Name:
Bellmere Park Pty Ltd v Cameron Samuel Benson
MNC:
[2007] QCA 102
Court:
QCA
Judge(s):
Williams JA, Muir J, McMurdo J
Date:
30 Mar 2007
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 11
01 Feb 2007
Application as to operation of special condition of due diligence contained in contract of sale of land; finding that the special conditions were for the benefit of the purchaser and the contract is valid and subsisting: White J.
Appeal Determined (QCA)
[2007] QCA 102
30 Mar 2007
Order standard costs at first instance instead of indemnity costs but otherwise the appeal be dismissed with costs; vendor purchaser contract dispute regarding certainty of special condition of due diligence; the special condition was subjective and it was for the respondent, acting honestly, to consider whether the proposed use of the land was viable: Williams JA, Muir and Philip McMurdo JJ.
Appeal Status
Appeal Determined (QCA)
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