Facts Law Partners Mortgages Pty Ltd (LPM) loaned $320,000 to Price in 1998, and secured the loans by mortgages over land. Spoor, successors in title to LPM, brought proceedings as mortgagees and claimed monies owing under two secured mortgages. Additionally, […]
Category: Contract Law
Demagogue Pty Ltd v Ramensky (1992) 110 ALR 608
Facts Mr and Mrs Ramensky entered into a contract with Demagogue Pty Ltd (“Demagogue“) to purchase land at Noosa Heads in Queensland. Demagogue intended to construct a multi-level residential home unit building and then subdivide the land. The Ramenskys contracted […]
Rickard & Wilson & Active Safety Services Pty Ltd v Testel Australia Pty Ltd [2019] SASCFC 16
Facts Testel Australia Pty Ltd (“Testel”) was a franchisor of an electrical testing business. T&T Rickard Pty Ltd (“T&T“) was a franchisee of Testel. Mr Rickard was a former director of T&T. Mr Rickard together with Mr Wilson, set up […]
Stone v Chappel [2017] SASCFC 72
Facts In 2009, Mr and Mrs Stone entered into a contract with Mr Chappel and Mrs Smallcombe to construct the shell and framework for an apartment in a retirement village. The contract specified that the ceiling height was to be […]
Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1
Facts Crown Melbourne Ltd (“Crown“) leased two premises to Cosmopolitan Pty Ltd for 5 years on the basis that Cosmopolitan would significantly refurbish them and in exchange Cosmopolitan’s lease would be extended for another five years. After the leases expired, […]
CGU Insurance v Blakeley (2016) 259 CLR 339
Facts The first respondents were appointed liquidators of the second respondent (“Akron Roads“) and later commenced proceedings against the remaining respondents for insolvent trading as directors of Akron Roads. One of the respondents, Crewe Sharp Pty Ltd, claimed indemnity to […]
Clarence City Council v Commonwealth of Australia [2019] FCA 1568
Facts Two Tasmanian councils (the Clarence City Council and the Northern Midlands Council) sought declarations that they were each owed the benefit of contracts to which they were not parties. The operator of Hobart airport, Hobart International Airport Pty Ltd […]
Wilson v Darling Island Stevedoring and Lighterage Co Ltd (1956) 95 CLR 43
Facts A Bill of Lading was agreed between the carrier (the owner of the ship Tremayne) and the consignors of the goods that a case of tulle soie and tulle rayonne would be shipped from Marseilles to Sydney, the rights […]
Coulls v Bagots Executor & Trustee Co Ltd (1967) 119 CLR 460
Facts Arthur Leopold Coulls died on 8 June 1960, having made a will by which he appointed Bagot’s Executor and Trustee Co Ltd (“Bagots“) to be his executor and trustee. Mr Coulls entered into a contract with O’Neil Constructions Pty […]
Ogilvie v Adams [1981] VR 1041
Facts Morris Ogilvie, the trustee in bankruptcy of William Henry’s estate, sued the defendants as the executors and trustees of the will and estate of the bankrupt’s wife, Doris Melba Adams, for $63,200.00 lent by the bankrupt to his wife […]
