In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and the ...

When an agent is entering into a contract on behalf of a company, all parties to the contract should take particular care to ensure that the contract is executed properly, making it legally binding and enforceable.  Particular attention should also be given to the agent themselves, as it is importan...

Case:

Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)

This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012.  At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings), who holds the burial licence ...

The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the Central Coast with approximately 120 security guards, and the much larger Wilson Security, with approx...

You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss.

Whilst the photographer’s fee for the day was $2,700, the disappointed bride and groom refused to pay the re...

Sometimes the parties to a contract (which has already been signed and dated) will, for whatever reason, enter into another contract later on for exactly the same subject matter, but perhaps with slightly different terms – the question then becomes whether or not they intend the subsequent contract ...

A core element of business is the provision of goods and/or services to customers/clients for a price. And it is difficult for a business to be successful if there are difficulties with collecting that “price” from its customers, because this affects the business’ cash flow and ability to fund its o...

Consider this – you have entered into a contract to purchase a property, but for various reasons, the property no longer suits you.  But it will suit your parents perfectly.  So can you transfer the contract over to your parents, so that your parents are the purchasers?

Also consider this – your bu...

We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps once the issue has arisen –...

Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.