Bradcorp Wilton Park v Country Garden Wilton West

Citation: Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited [2019] NSWSC 1407

Court: New South Wales Supreme Court

Judges: Justice Parker

Judgment: 18 October 2019

Keywords (from the Court):

CONTRACTS — Construction — Put and call option agreements over land – exercise of put option conditional on fulfilment of conditions precedent comprising rezoning of land, surrender of certain rights under mining lease and construction of access ramp to nearby highway – satisfaction of conditions precedent and associated notice requirements – direct inconsistency between clauses concerning mechanism for rescission – repugnancy.

ENERGY AND RESOURCES - MINING …

CONTRACTS — Termination — Repudiation of contract – Purported termination of put and call agreements – allegedly repudiatory conduct prior to and following commencement of proceedings which sought specific performance of option agreement – whether insistence on erroneous construction of agreement in context of commencement of proceedings repudiatory – entitlement to terminate.

CONTRACTS — Remedies — Damages — Loss of bargain – call option fees which grantor would have received on rescission of option agreement.