contract

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Grace men­tioned this quite a while ago, but her par­ents’ shop at Suth­er­land sta­tion will be for­cibly taken away by Rail­Corp, which wishes to widen the con­course at the sta­tion to, appar­ently, ease con­ges­tion. Des­pite their invest­ment in the busi­ness, from what I under­stand, the prob­lem lies in the fact that their con­tract does not provide for recom­pense in the event that Rail­Corp needs to do some­thing with it.

I’d say that most people would be sup­port­ive of rail­way infra­struc­ture devel­op­ment — who doesn’t want bet­ter sta­tions, and bet­ter trains, and bet­ter ser­vices. The prob­lem here is the way in which this devel­op­ment has been ear­marked to pro­ceed — to the det­ri­ment of one fam­ily, and with dubi­ous bene­fits to rail­way com­muters as a whole. RailCorp’s alleged atti­tude (i.e. silence) doesn’t instill con­fid­ence in the abil­ity of this case to res­ult in an equit­able solu­tion. As I com­men­ted (on the news­pa­per art­icle), just because it’s legal doesn’t mean you should do it. If the redevel­op­ment of the sta­tion must go ahead, other solu­tions, such as buy­ing out the busi­ness, or offer­ing to relo­cate the busi­ness to another part of the sta­tion, are both reas­on­able altern­at­ives that Rail­Corp should con­sider. Rail­Corp is a cor­por­at­ised busi­ness, but at the same time, as a busi­ness owned by the people of New South Wales, a more caring atti­tude would not go amiss, and should be man­dated in the organisation’s practices.

Some­how, I get the impres­sion that push­ing Rail­Corp but­tons won’t work in this case. The Ngs will have to search for other, big­ger but­tons to push. Let’s all rally behind them in their moment of need.

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The SMH reports that the NSW Supreme Court has decided that an eBay sale is a sale, a res­ult the com­pany says has always been their under­stand­ing. The case was about the sale of a plane, where the defend­ant had “already agreed” (SMH’s words) to sell the plane to someone else for a higher price off the web­site. If the sale for a higher price was indeed con­trac­tual, and it occurred chro­no­lo­gic­ally first, shouldn’t the order be for that sale to be enforced instead of the later eBay bid? Or is it because the offer in the eBay bid was made first? What’s the law when I offer a good to two parties and both accept?

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