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Phillips v Scotdale Pty Ltd[2008] QCA 127

Phillips v Scotdale Pty Ltd[2008] QCA 127

CITATION: Phillips v Scotdale Pty Ltd [2008] QCA 127
JUDGE(S): de Jersey CJ, Keane JA, White J
DELIVERED ON: 30 May 2008
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Editorial Notes

  • Published Case Name:

    Phillips & Anor v Scotdale P/L

  • Shortened Case Name:

    Phillips v Scotdale Pty Ltd

  • MNC:

    [2008] QCA 127

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Keane JA, White J

  • Date:

    30 May 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 36818 Dec 2007Trial of application for declaration as to validity of termination of property sale contract, following purchaser failure to complete; the contract was not an instalment contract and that, accordingly, the notice contemplated by s 72(1) of the PLA was not required; declaration made that termination was valid: Fryberg J.
Appeal Determined (QCA)[2008] QCA 12730 May 2008Appeal dismissed with costs; appeal against trial judgment on dispute on validity of termination of contract of sale of real property following failure to complete as prescribed; the terms of s 384(2) and s 385(2)(b) of the PAMDA do not invalidate the special condition: de Jersey CJ, Keane JA and White J.

Appeal Status

Appeal Determined (QCA)

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