QLDQCA
Rushton (SA) Pty Ltd & Ors v Holzberger & Ors [2003] QCA 106
[2003] QCA 106
Court of Appeal (Qld)|2003-03-14|Before: McMurdo P, Williams JA and Philippides JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-03-14
Before
McMurdo P, Williams JA and Philippides JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
Catchwords
- CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – OFFER AND
- ACCEPTANCE – OFFER – OPTION FOR VALUABLE CONSIDERATION
- OR UNDER SEAL
- – EXERCISE OF OPTION – METHOD OF EXERCISE – where agreement
Source
Original judgment source is linked above.
Catchwords
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – OFFER ANDACCEPTANCE – OFFER – OPTION FOR VALUABLE CONSIDERATIONOR UNDER SEAL– EXERCISE OF OPTION – METHOD OF EXERCISE – where agreementbetween parties contained option to acquirename rights – where agreementcontained explicit provisions which set out requirements of notice exercisingoption –where it was a requirement that the notice be sent to a specificperson at a specific address – where notice was sent by appellantsto adifferent address – whether the option was validly exercised by thenoticeDuncan Properties Pty Ltd v Hunter [1991] 1 Qd R 101,followedUnited Dominions Trust (Commercial) Ltd v Eagle Aircraft ServicesLtd [1968] 1 WLR 74, followedUnited Scientific Holdings Ltd v BurnleyBorough Council (1978) AC 904, followed
Judgment
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