Catchwords:
CONTRACTS – joint venture to develop Council’s land into car park and residential-commercial development
CONTRACTS – parties – whether second plaintiff a successor to first plaintiff and able to sue under joint venture agreement
CONTRACTS – where land contaminated with asbestos and other substances – whether council liable under indemnity – whether claim under indemnity out of time
CONTRACTS – where council agreed to grant easement – where council granted easement and then rescinded motion granting easement – proper construction of easement provision – whether plaintiffs suffered loss
CORPORATIONS – damages – reflective loss – whether shareholder can recover diminution of value of its shareholding that reflects loss of company
CONSUMER LAW – misleading or deceptive conduct – whether first plaintiff’s failure to provide Council with geotechnical report prior to entry into joint venture agreement was misleading or deceptive – whether warranties and indemnities in joint venture agreement should be declared void
Article source: https://jade.io/viewArticle.html?aid=764066&pid=-1&h=1074310108