Morton v Kim

[2019] NSWCA 273

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Amount in issue below statutory threshold
4. › Whether alleged error more than merely arguable
5. › Whether issue of principle or public importance
6. › Likely disproportion between costs of appeal and amount in issue
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
8. › Civil Procedure Act 2005 (NSW), s 60
1. Guarantee and Indemnity
2. › Construction of indemnity clause
3. › Novation of uncompleted contract for sale of land
4. › Third party required to indemnify vendor for claims arising 'as a result of' first contract
5. › Whether indemnity covered vendor's legal costs incurred because of vendor's own failure to execute deed of novation

Quick Take

An indemnity clause requiring a purchaser to indemnify a vendor against claims arising 'as a result of' a prior contract does not extend to costs incurred by the vendor due to the vendor's own failure to perform obligations under the contract containing the indemnity.

Case Details

Citation[2019] NSWCA 273

CourtNSWCA

JurisdictionNew South Wales

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Cited by2

Relies on3

2019Hu v KimNSWSC 448
2016Joo v YooNSWCA 172
2012Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v DasNSWCA 164
Andar Transport Pty Ltd v Brambles LtdHCA 28

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