Fuller v Albert (No 2)

• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Amending, varying and setting aside
  4. › Application to reopen appeal
  5. › UCPR r 36.16
  6. › Whether Court proceeded on misapprehension as to facts or law
  7. › Whether special circumstances exist
  8. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
• 1. Contract
  2. › Remedies
  3. › Specific performance
  4. › Whether proof of breach required
  5. › Whether reasonable apprehension of breach sufficient to found order for specific performance
• 1. Contract
  2. › Construction and interpretation
  3. › Implied terms
  4. › Whether Court found ordinarily implied general obligation of cooperation
  5. › Whether Court found particular pleaded contractual terms the essence of which was cooperation
• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Reasons
  4. › Duty to give reasons
  5. › Whether adequate reasons given for rejecting defences of abandonment and unilateral release
  6. › Standard for adequacy of reasons depending on nature of case, submissions and issues engaged

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