|J Cummins Pty Ltd v F & D Bonaccorso (NSWCA) - contract - option agreement - no common intention deposit to be treated as paid - appeal dismissed
|Gazzana v Santamaria (NSWSC) - partnership - dissolution and winding up - determination of separate questions
|Summaries With Link (Five Minute Read)
|J Cummins Pty Ltd v F & D Bonaccorso  NSWCA 200
Court of Appeal of New South Wales
Beazley P; Ward & Leeming JJA
Contract - evidence - credit - appellant sought rectification of option agreement it entered with respondent, and order for specific performance of rectified agreement - agreement preceded by an earlier option agreement not exercised prior to its expiry - second option agreement provided for higher purchase price - whether common intention at time second option agreement entered that stated deposit to be treated as if paid - trial judge found no such common intention established - held: trial judge justified in not accepting evidence of appellant’s principal of an arrangement outside formal contract documents - evidence did not support principal’s version of events - there was evidence that developer interested in property at higher price than in either option agreement - appellant’s contention rejected that price in second agreement was commercially irrational - appeal dismissed.
|Gazzana v Santamaria  NSWSC 916
Supreme Court of New South Wales
Partnership - dissolution and winding up - separate questions - proceedings concerning winding up of partnership carried on by plaintiff and first defendant - separate determination of questions concerning assets and liabilities of partnership and whether partners reached agreement on their division - ownership of equipment - whether certain work did not fall within terms of partnership - s42 Partnership Act 1892 (NSW) - separate questions answered.