O'Dea v Allstates Leasing System (WA) Pty Ltd

152 CLR 359
45 ALR 632

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Between: O'Dea
And: Allstates Leasing System (WA) Pty Ltd

Court:

Judges: Gibbs CJ
Murphy J
Wilson J
Brennan J
Deane J

Subject References:
Contract

Hearing date: Perth, 23 August 1982,  25 August 1982
Judgment date: 17 February 1983

Canberra

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ORDER

Appeal allowed with costs.

Order of the Full Court of the Supreme Court of Western Australia set aside and in lieu thereof order as follows: 

"(1)

That the appeal to that court be allowed with costs;

(2)

That the judgment of Wallace J. be set aside and in lieu thereof order that judgment be given in favour of the plaintiff against the third and fourth-named first defendants and the second defendant in an amount to be assessed, with no order as to costs of the hearing already heard before Wallace J.

(3)

That the matter be remitted to a single judge of the Supreme Court of Western Australia to enable him to decide such questions as may be raised by the parties in relation to the recovery of instalments of rent due before the retaking of possession, the assessment of any damages and payment of interest and to fix the amount to be assessed (which will include the sum of $7,033.32 and any interest thereon)."