Catchwords:
CONTRACTS — performance — discharge by performance — payment — sale of real property —prior expenditure on property by purchaser — alleged oral agreement to treat expenditure as deposit — collateral contract — restitution
COSTS — party/party — specific court rules in relation to costs — whether proceedings could have been commenced in District Court — claim based on contract for the sale of land — purchaser a property developer — whether a “commercial transaction” — whether to depart from ordinary rule that plaintiff deprived of costs
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