Fuller v Albert (No 3)

• 1. Appeal
  2. › Orders on appeal
  3. › Remittal to court below
  4. › Whether more appropriate for appellate court to finally resolve dispute
  5. › Where neither party sought remitter
  6. › Where court has all evidence and submissions
• 1. Contract
  2. › Remedies
  3. › Specific performance
  4. › Discretion to decline specific performance
  5. › Impairment of development application
  6. › Lapse of time
  7. › Difficulty of framing orders
  8. › Likelihood of ongoing supervision
  9. › Land of no greater importance to appellant than its value
  10. › Availability of alternative remedies
• 1. Contract
  2. › Remedies
  3. › Lord Cairns' Act damages
  4. › Damages in substitution for specific performance
  5. › Assessment of quantum
  6. › Resolution of competing valuations
  7. › Supreme Court Act 1970 (NSW), s 68
  8. › Chancery Amendment Act 1858, 21 & 22 Vict, c 27
• 1. Costs
  2. › Party/party costs
  3. › Exceptions to general rule that costs follow the event
  4. › Offer of compromise made during hearing
  5. › Whether appellant only liable for costs if successful solely on basis of offer
  6. › Offer not the basis of appellant's success

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