11 Nov 2014
The March 3, 2010 document, taken with the covering letter and checklist tick, constituted a signed and dated statement of affairs that substantially complied with s 67 and reg 6; therefore the three-year automatic discharge period under s 290 began on 3 March 2010 and the respondent was discharged on 3 March 2013.
7 Jun 2012
The application for summary judgment was dismissed because the defendant raised arguable defences: the purported guarantee did not satisfy s27 Property Law Act 2007 as the guarantee document was unsigned by the guarantor and the covering letter bearing the defendant's signature was not part of the contractual guarantee; the authenticated signature fiction could not be used to avoid the clear statutory requirement; promissory estoppel did not plainly establish the necessary additional assurance, reliance and detriment on the available evidence; therefore summary judgment could not be granted.
21 Jun 2007
Court found an oral contract was concluded in October 2003 and recorded by the 9 November fax but the fax header, being automatically generated, did not constitute a signature or electronic signature evidencing the vendor's intention to be bound under the Contracts Enforcement Act and Electronic Transactions Act; however plaintiffs established part performance (deposit banked, instructing and paying for engineer and valuer) such that it would be unconscionable for the defendant to rely on the statute; accordingly specific performance was ordered with reimbursement of subdivision costs.