Australian Agricultural Properties Pty Limited v Hraiki & Anor [2005] NSWSC 779

Australian Agricultural Properties Pty Limited v Hraiki & Anor [2005] NSWSC 779

The finding by the Magistrate that the plaintiff elected to affirm the contract was a finding of fact, not law, and there was no evidence of reservation of rights; accordingly, no error of law was demonstrated and the appeal must fail.

Parties
Plaintiff: Australian Agricultural Properties Pty Limited; First Defendant: George Michel Hraiki; Second Defendant: Sylvia Hraiki
Jurisdiction
Australia
Judgment Date
09 August 2005
Procedural Posture
Appeal / Judgment
Outcome
Summons dismissed
Legal Topics
Affirmation of Contract, Notice to Complete, Termination of Contract, Error of Law, Election to Affirm
Contract Law Affirmation of Contract Notice to Complete Termination of Contract Error of Law Election to Affirm

Case Brief

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Parties

Australian Agricultural Properties Pty Limited

Plaintiff

George Michel Hraiki

First Defendant

Sylvia Hraiki

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Magistrate erred in law by finding the plaintiff elected to affirm the contract by issuing a notice to complete.
  2. 2 Whether there was a reservation of the right to terminate for earlier non-completion.

Ratio Decidendi

The finding by the Magistrate that the plaintiff elected to affirm the contract was a finding of fact, not law, and there was no evidence of reservation of rights; accordingly, no error of law was demonstrated and the appeal must fail.

Court Disposition

Summons dismissed

Orders

  • Summons is dismissed
  • Exhibits may be returned