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Application for specific performance under contract for sale; dispute over whether an option to buy was exercised properly where notice of buyer was provided in the same correspondence bundle as the option to buy; physically arranged so that the notice of nomination would come to the defendant’s solicitor’s hands before the notice of exercise of option; specific performance granted: Chesterman J.
QCA Interlocutory Judgment
[2006] QCA 536
12 Dec 2006
Application for stay pending appeal; stay granted on adjournment of application until 15 December 2006: Keane JA.
QCA Interlocutory Judgment
[2006] QCA 544
15 Dec 2006
Application for stay of orders of 5 December 2006 pending appeal to Court of Appeal; respondent can be adequately protected by undertakings offered; stay granted pending determination of appeal: Keane JA.
Appeal Determined (QCA)
[2007] QCA 55
02 Mar 2007
Appeal dismissed with costs; appeal against decision to award specific performance of a sale pursuant to contract following an allegedly defective exercise of an option to nominate the buyer; construction of notice provisions to exercise option were correct so as to endeavour to avoid a construction which makes commercial nonsense or is shown to be commercially inconvenient: Williams, Keane and Holmes JJA.
Appeal Determined (QCA)
[2007] QCA 63
07 Mar 2007
Application for stay of orders made following reasons in [2007] QCA 55 pending determination of application for special leave; delay puts respondent at risk and any undertaking does not afford sufficient protection; application refused with costs: Williams and Keane JJA.
Appeal Status
Appeal Determined (QCA)
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