14 Jul 2010
LISTER AND ORS V 2 HARROGATE STREET LIMITED AND ORS HC CHCH CIV-2008-409-001071
- Citation
- openlaw-fff94aee_38e1_4450_8777_281e66909f76.pdf
- Court
- High Court
Laidlaw v Parsonage binds the court: a nominee under a sale agreement obtains the benefit of the contract under s 4 of the Contracts (Privity) Act 1982; the strike out application was correctly dismissed because the pleaded tort duty is novel and factually sensitive and cannot be said with certainty to be unsustainable without trial; the Associate Judge's decision is upheld.