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France v Siekaup [2020] NSWSC 1286 — Performance & Party/party — Barrister AI

France v Siekaup

[2020] NSWSC 1286

Supreme Court of NSW

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Interrogate

Catchwords

1. Contracts
2. › performance
3. › discharge by performance
4. › payment
5. › sale of real property
6. › prior expenditure on property by purchaser
7. › alleged oral agreement to treat expenditure as deposit
8. › collateral contract
9. › restitution
1. Costs
2. › party/party
3. › specific court rules in relation to costs
4. › whether proceedings could have been commenced in District Court
5. › claim based on contract for the sale of land
6. › purchaser a property developer
7. › whether a “commercial transaction”
8. › whether to depart from ordinary rule that plaintiff deprived of costs

Case Details

Citation[2020] NSWSC 1286

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 2 later cases that cite this judgment.

1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by2

2026Direct Flow Pty Ltd t/as Arthur Rubber v Petersen (No 2)NSWSC 531
2020Elzamtar v Bangladesh Islamic Centre of NSW Inc (No 2)NSWSC 1634

Relies on6

2020Elzamtar v Bangladesh Islamic Centre of NSW IncNSWSC 1161
2020StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd (No 2)NSWSC 636
2017The NTF Group Pty Ltd v PA Putney Finance Australia Pty LtdNSWSC 1194
2016Averkin v Insurance Australia Ltd (No 2)NSWCA 150
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