Take Off Opportunities Pty Ltd atf The Clear Runway Trust v Susan Quinn Pty Ltd atf The Susan Amelia Quinn Trust

• 1. Contracts
  2. › Construction
  3. › Condition precedent
  4. › Obligation to use 'all reasonable efforts' to procure consent of financier
  5. › Whether purchaser failed to use all reasonable efforts within its own capacity
  6. › Whether party who prevented fulfilment of condition precedent can rely on non-fulfilment
• 1. Contracts
  2. › Remedies
  3. › Damages
  4. › Assessment
  5. › Date of assessment
  6. › Whether damages assessed at date of breach or some other date
  7. › Circumstances in which plaintiff 'locked in' to holding asset justifies later assessment date
• 1. Practice and Procedure
  2. › Hearing
  3. › Absence of defendant
  4. › Where defendant afforded ample opportunity to attend and be heard
  5. › Whether appropriate to proceed with hearing
  6. › Uniform Civil Procedure Rules 2005 (NSW), rr 29.7, 36.16

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