VENDOR AND PURCHASER - contract for sale of hotel - put and call option - licence deed entered into by which company associated with the purchaser was given licence to operate hotel - licence deed and option deed issued on same date - vendor exercised put option - notice to complete served by vendor - notice of rescission issued by purchaser - alleged breach of warranties entitling rescission - construction of warranties
VENDOR AND PURCHASER - whether notice to complete invalid - whether purported rescission of contract was repudiation entitling vendor to terminate contract
EVIDENCE - admissibility - whether evidence that assets not located at hotel at date of option deed precluded by recitals in licence deed and option deed - held evidence admissible
CONTRACT - contract for sale of hotel - alleged misleading and deceptive conduct - representation made in recital to licence deed - vendor did not rely on recital - vendor not misled
Case Details
Citation[2012] NSWSC 580
CourtNSWSC
JurisdictionNew South Wales
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