FIRST STATE GROUP PTY LTD v COMMONWEALTH BANK OF AUSTRALIA [1996] NSWCA 185

FIRST STATE GROUP PTY LTD v COMMONWEALTH BANK OF AUSTRALIA [1996] NSWCA 185

The cheque was dishonoured on 18 October 1994. The respondent was entitled to terminate the contract in accordance with the express terms of CL2 of the contract, as the purchaser failed to provide a valid deposit and the cheque was not honoured on presentation.

Source-derived case information.

Parties
Appellant: First State Group Pty Ltd; Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
06 May 1996
Procedural Posture
Appeal / Decision
Outcome
appeal dismissed with costs
Legal Topics
Contract Termination, Dishonoured Deposit Cheque, Sale of Land
Contract Contract Termination Dishonoured Deposit Cheque Sale of Land

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Parties

First State Group Pty Ltd

Appellant

Commonwealth Bank of Australia

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the respondent was entitled to terminate the contract for sale of land due to non-payment of a valid deposit
  2. 2 Whether the deposit cheque was dishonoured on 17 October 1994 or 18 October 1994
  3. 3 Effect of presentment of cheque contrary to agreed timing

Ratio Decidendi

The cheque was dishonoured on 18 October 1994. The respondent was entitled to terminate the contract in accordance with the express terms of CL2 of the contract, as the purchaser failed to provide a valid deposit and the cheque was not honoured on presentation.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs