Elderslie Property Investments No 2 Pty Ltd v Dunn
[2008] QCA 158
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Elderslie Property Investments No 2 Pty Ltd v Dunn [2008] QCA 158
JUDGE(S):
Holmes JA, Muir JA, White J
DELIVERED ON:
20 June 2008
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Editorial Notes
Published Case Name:
Elderslie Property Investments No 2 P/L v Dunn
Shortened Case Name:
Elderslie Property Investments No 2 Pty Ltd v Dunn
MNC:
[2008] QCA 158
Court:
QCA
Judge(s):
Holmes JA, Muir JA, White J
Date:
20 Jun 2008
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 192
31 Jul 2007
Application by plaintiff for summary judgment on claim for declarations as to the validity of an exercise of a call option to purchase land; not satisfied that the defendants have no real prospect of persuading a trial judge that the deed should not be interpreted according to the primary construction advanced by the plaintiff: Daubney J.
Primary Judgment
[2007] QSC 372
11 Dec 2007
Trial of claim for specific performance arising from an alleged proper exercise of options to purchase land under identical Deeds; failed to exercise its options within the agreed period; claim dismissed and caveats on property removed: P McMurdo J.
Appeal Determined (QCA)
[2008] QCA 158
20 Jun 2008
Appeal dismissed with costs; primary judge was correct in finding the notice under the Deeds was not given within a reasonable time; it is apparent that the parties intended, the put and call options being linked, that the call option would expire with the put option: Holmes and Muir JJA, and White J.
Appeal Status
Appeal Determined (QCA)
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