Recent Cases

J&Z Holding (Aust) Pty Ltd v Vitti Pty Ltd [2024] NSWCA 2 (30 January 2024) (Payne and Kirk JJA, Griffiths AJA)


Catchwords:


CONTRACTS — Construction — Principles –Significance of poor drafting – whether a sum payable under a contract should be characterised as a “conventional deposit”, repayable in the event of the vendors’ default and recoverable in a claim for restitution, or as an option fee that became and remained the property of the grantor