SPEERS v BRYANT [1990] NSWCA 197

SPEERS v BRYANT [1990] NSWCA 197

There was no evidence of a novation because no binding novating agreement was executed or exchanged by the company, and no deposit was paid; thus the original purchasers remained liable. The argument of contract abandonment was not open on appeal and not supported by evidence.

Parties
Appellant: Speers; Respondent: Bryant
Jurisdiction
Australia
Judgment Date
28 September 1990
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Sale of Land, Novation, Special Conditions of Contract, Failure to Execute Contract, Abandonment of Contract
Contract Sale of Land Novation Special Conditions of Contract Failure to Execute Contract Abandonment of Contract

Case Brief

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Parties

Speers

Appellant

Bryant

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether there was a novation of the contract for sale of land from the individual appellants to a company
  2. 2 Whether there was a common intention to abandon the contract

Ratio Decidendi

There was no evidence of a novation because no binding novating agreement was executed or exchanged by the company, and no deposit was paid; thus the original purchasers remained liable. The argument of contract abandonment was not open on appeal and not supported by evidence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.