CONTRACTS — construction of Terms of Settlement on application pursuant to s 73 of the Civil Procedure Act 2005 (NSW) — whether obligation to pay sum of money was a dependent or independent obligation — construction of option to purchase "each" of a number of vehicles — whether option exercised — whether best endeavours clause amenable to specific performance — claim under indemnity — HELD — obligation to pay money independent of substantial compliance with other obligations — judgment for sum of money — option to purchase construed not as a single all-or-nothing option — option has been exercised on various occasions — best endeavours clause not amenable to specific performance — claim under indemnity partially upheld
Case Details
Citation[2011] NSWSC 756
CourtNSWSC
JurisdictionNew South Wales
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