DS Retirement Pty Ltd v Mann Street Enterprises Pty Ltd atf Mann Street Enterprises Trust [2024] NSWSC 1314 — Construction & Rectification — Barrister AI
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DS Retirement Pty Ltd v Mann Street Enterprises Pty Ltd atf Mann Street Enterprises Trust
[2024] NSWSC 1314
Supreme Court of NSW
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Interrogate
Catchwords
Contracts
›
construction
›
where term of deed stipulated time for payment of amount owing to plaintiff
›
where interpretation of that term was disputed
›
where parties were legally represented at time of entry into deed
›
where interpretation propounded by defendants commercially nonsensical
›
where defendants failed to call evidence from their legal representatives about the parties’ claimed common intention
›
where evidence of surrounding circumstances supports plaintiff’s interpretation
Contracts
›
rectification
›
alleged common mistake as to time for payment of amount owing under a deed
›
alleged ambiguity as to time for payment
›
where express term in deed is clear
›
where there was no clear and convincing proof of an alternate common intention at time of entry into deed
Judgments and Orders
›
entry
›
where parties executed consent judgment for $800,000
›
where $600,000 remains outstanding
›
whether judgment could be entered in favour of plaintiff for $600,000
›
whether the conditions for entry of consent judgment provided by parties’ deed satisfied
Case Details
Citation
[2024] NSWSC 1314
Court
NSWSC
Jurisdiction
New South Wales
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[2024] NSWSC 1314
11 authorities it relies on
1959
1972
1985
1998
2011
2024
Relies on
11
2021
Sui v Jiang
NSWCA 285
2020
In the matter of Jimmy's Recipe Pty Ltd (No 2)
NSWSC 632
2016
Simic v New South Wales Land and Housing Corporation
HCA 47
2016
Gorczynski v Bendigo and Adelaide Bank Ltd
NSWCA 170
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