Bull v Cooldawinda Pty Ltd

[2024] NSWSC 1011

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contract for Sale of Land
2. › contracts signed but not exchanged
3. › guarantor proffered by purchaser unacceptable
4. › vendor receives higher offer from third party
5. › whether binding contract
6. › whether oral contract
7. › principles at [81]-[86]
8. › parties did not contemplate binding contract prior to exchange
9. › Masters v Cameron inapplicable where parties had not reached finality on all terms, being acceptable guarantor, at [94].
1. Part Performance
2. › principles at [97]-[98]
3. › incorporating special purpose vehicles to buy property not unequivocally referable to alleged agreement
4. › paying deposit without more, insufficient at [99].