Recent Cases

Altius Pty Ltd v Abignano Nominees Pty Ltd [2023] NSWCA 177 (08 August 2023) (Leeming, Adamson and Stern JJA)


CONTRACTS — Construction — Context — where unit trust formed to undertake property development joint venture — where parties brought joint venture to an end via an option agreement — where debt was claimed for outstanding amount loaned to unit trust — whether outstanding loan was discharged by option agreement — whether loans were “pursuant to” joint venture agreement — use of context and prior negotiations to demonstrate commercial purpose as an aid to construction