Alexakis v Wan

[2021] NSWCA 172

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Sale of land
3. › Standard form contract
4. › 2018 Law Society of NSW edition
5. › Construction of time provisions
6. › Deposit payable in instalments
7. › Whether business day extension in clause 21.5 applied to time for payment of deposit
8. › Whether exception 'in the case of clauses 2 and 3.2' engaged where time fixed by additional clause incorporated by reference into clause 2
1. Contract
2. › Construction
3. › Standard form contract
4. › Interaction between printed clauses and additional clauses
5. › Time essential provisions
6. › Whether exception to business day extension applies to time limits dealt with by a clause irrespective of whether specified in that clause or incorporated by reference

Quick Take

The business day extension in clause 21.5 of the 2018 Law Society standard form does not apply to time limits for payment of the deposit, even where those time limits are fixed by additional clauses rather than by clause 2 itself.

Case Details

Citation[2021] NSWCA 172

CourtNSWCA

JurisdictionNew South Wales

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2021Alexakis v WanNSWSC 367

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