6 Dec 2004
WERRIBEE TRUST LIMITED V SANTA ROSA DEVELOPMENTS LIMITED CA CA129/04
- Citation
- openlaw-75d8a554_9c11_4609_b582_a01dc6b6b3c6.pdf
- Court
- Court of Appeal
No clear, unambiguous assurance was made by the vendor's solicitor that the right to cancel would be deferred; therefore promissory estoppel did not arise. The cancellation was valid. The purchaser's subsequent tender was defective (personal third‑party cheque and $1,000 short) and thus ineffective. The Fair Trading Act claim failed because there was no misleading representation.