Monthly Archives: March 2014

Buying land without a formal exchange of contracts

Can you buy land in New South Wales without a formal exchange of contracts?  The answer from a recent Supreme Court case is that legally there is nothing to stop parties from contracting without following the normal practice of a … Continue reading

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Damages for Defamation – From the ‘Grapevine’ to the Group Email

We recently reported on a case (Mickle v Farley [2013] NSWDC 295) highlighting the ‘grapevine effect’ of defamatory comments posted on social media and how this impacts on the assessment of damages to the injured party. However, a recent case … Continue reading

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Joinder of Owners of Land to Enforcement Proceedings

Councils are often faced with the question of whether to commence proceedings against an owner of land in respect of unlawful building work carried out on that land by a person other than the owner. A recent decision of the Court … Continue reading

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More on ‘best’ or ‘reasonable’ endeavours clauses

We previously blogged on a case which discussed what ‘best’ or  ‘reasonable’ endeavours means in a commercial contract in a development context: here. A new High Court decision provides further guidance about how these obligations are to be construed.

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Grapevine effect of social media is recognised in defamation case

A District Court judge in Mickle v Farley [2013] NSWDC 295 has recognised the grapevine effect of social media in assessing the amount of damages to be awarded in a defamation case.

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Compulsory Acquisition of Reserve Trust Land

Tempe Recreation (D.500215 & D.1000502) Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221, is the first case to consider s106A of the Crown Lands Act 1989 (CL Act) which relates to the compulsory acquisition of reserve trust land under the … Continue reading

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