Ashdown v Kirk

Judgment date: 3/04/1997
Court: QSC
Judge: Byrne J
Citation: (1997) Q ConvR 54-487; [1998] ANZ ConvR 18; BC9701178;
Catchwords: Real property;  Vendor and purchaser;  Whether misrepresentation made as to council approvals;  Whether entitlement to terminate contract;  

Real property;  Vendor and purchaser;  Recovery of unpaid deposit;  Whether clause providing for recovery of deposit amounted to a penalty;  

Real property;  Vendor and purchaser;  Recovery of unpaid deposit;  Whether entitled to whole deposit where payable in instalments;  

Real property;  Vendor and purchaser;  Alleged misrepresentation of effect of special condition of contract;  Whether special condition operated to exclude standard condition;  

Real property;  Vendor and purchaser;  Termination of contract of sale;  Whether mutual agreement to terminate contract;