| Golden Mile Property
Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd (NSWCA) - real
property - equity - mortgages - entitlement to compensation for resumed land -
appeal allowed - matter remitted to Land and Environment Court |
| Gekko Developments Pty
Ltd v Centa Company Pty Ltd (QSC) - contract - no agreement for conditional
or unconditional payment of amount to plaintiff |
| Summaries With Link (Five Minute Read) |
Golden
Mile Property Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd [2015] NSWCA 100
Court of Appeal of New South
Wales
Macfarlan, Emmett &
Gleeson JJA
Real property - equity -
corporations - mortgages - applicant was registered proprietor of land resumed
by second respondent (Transport NSW) - proceeding concerned entitlement to
compensation under Land Acquisition (Just
Terms Compensation) Act 1991 (NSW) (JTA) - at time of acquisition applicant
had been deregistered under s601AB(2) Corporations
Act 2001 (Cth) - prior to acquisition first respondent contracted to buy resumed
land from company (Stacks) which was exercising power of sale under registered
mortgage over resumed land granted by applicant (first mortgage) - dispute
between applicant and first respondent concerned which of them was entitled to
compensation under JTA - part of compensation had been paid by Transport NSW to
Stacks and to another company (RTS), which was mortgagee under a second
registered mortgage over resumed land granted by applicant - held: trial judge
erred in dealing with question whether Stacks breached duty to applicant in
exercising power of sale under first mortgage - leave to appeal granted -
appeal allowed - matter remitted to Land and Environment Court to determine respective
interests that applicant and first respondent had in resumed land.
Golden
|
Gekko
Developments Pty Ltd v Centa Company Pty Ltd
[2015] QSC 87
Supreme Court of Queensland
P McMurdo J
Contract - defendant owner of
shopping centre signed option to purchase granted to plaintiff company - dealings
between parties to end of shopping centre being sold - plaintiff claimed
parties agreed that in consideration of plaintiff giving up claim to contractual
entitlement to property, defendant would pay amount to plaintiff - defendant
denied contract made - whether amount was promised to be paid - whether consideration for a promise to pay - held: defendant
did not contractually promise to pay amount to plaintiff, conditionally or
unconditionally - option agreement had been terminated - plaintiff failed to
prove alleged agreement - judgment for defendant.
Gekko
|
