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The High Court held that to avoid detriment through Waltons' unconscionable behaviour, Waltons was estopped from denying the contract. Whilst the mere exercise of legal right not to exchange contracts was not unconscionable, there were two additional elements which made Waltons' conduct unconscionable: a) element of urgency, b) Maher executed and forwarded on 11/11 and assumed execution by ...
The Commission dismissed the appeal, and Kirk subsequently sought judicial review in the Supreme Court of New South Wales. The Supreme Court held that it did not have the power to review the commission's decision due to provisions in the Industrial Relations Act 1996 (NSW), which limited its jurisdiction to do so (Such as s179 of the IR Act ...
The NSWLR began in 1970, following the establishment of the Council of Law Reporting by the Council of Law Reporting Act 1969. They replaced the State Reports, New South Wales (which began in 1901) as the authorised reports in New South Wales. [4] The current Editor of the NSWLR is Perry Herzfeld SC who has held the position since 2022.
In Veysoglu v O'Keefe and Goudie, [7] the court held that notice was not necessary because the lease agreement specifically provided that the balance of rent owed for the full term of the lease became due upon repudiation of the lease by the tenant. The court found that the explicit recognition of the right of action negated the need for notice ...
Supreme Court (NSW) NSW Law Reports: NSWLR: 1970-New South Wales Law Reports: Authorised report. Includes NSW Court of Appeal and NSW Court of Criminal Appeal NSW Reports : NSWR: 1960-1970 New South Wales Law Reports: State Reports NSW : SR NSW: 1901-1970: New South Wales Law Reports: 1901-1950: via AustLII: Law Reports (NSW) LR (NSW) 1856 ...
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, [1] ("Codelfa") is a widely cited Australian contract law case, [2] which serves as authority for the modern approach to contractual construction. [3] The case greatly influenced the development of the Eastern Suburbs railway line.