Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Octra Nominees Pty Ltd v Chipper [2007] FCAFC 92
CONTRACT – lessee granted right of first refusal – sale of property to third party after lessee refused offer on same terms – subsequent variation of contract for sale – whether second offer of property must be made to lessee on varied terms – construction of right of first refusal – sale of land occurs upon entry into contract for sale, not upon conveyance –right of first refusal not revived by variation of contract for sale – otherwise commercial uncertainty may ensue – lessor's entry into contract for sale not in breach of lease WORDS AND PHRASES – "sale"
Federal Proceedings (Costs) Act 1981 (Cth) Guardianship and Administration Act 1990 (WA) Property Law Act 1974 (Qld) Chipper v Octra Nominees Pty Ltd [2006] FCA 1633, reversed Beneficial Finance Corporation Ltd v Multiplex Constructions Pty Limited (1995) 36 NSWLR 510, considered Chan v Dainford Limited (1985) 155 CLR 533, distinguished Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22, cited Mackay v Wilson (1947) 47 SR (NSW) 315, considered Milner v Staffordshire Congregational Union (Incorporated) (1956) 1 Ch. 275, considered Nationwide Produce (Holdings) Pty Ltd (in liquidation) v Linknarf Limited (in liquidation) [2005] FCAFC 129, cited Walker Corporation Pty Ltd v W R Pateman Pty Ltd (1990) 20 NSWLR 624, considered White Property Developments Ltd v Richmond Growth Pty Limited [1998] FCA 26, considered Woodroffe v Box (1954) 92 CLR 245, applied
RED VALLEY PTY LTD (ACN 009 384 605) v CHRISTOPHER JOHN CHIPPER AND MELODY JANE CHIPPER, OCTRA NOMINEES PTY LTD (ACN 008 960 094) AND PETER CAMPBELL SMYTH (BY HIS ADMINISTRATORS DAVID ANDREW SMYTH AND ROBERT LANSELL AVERY) WAD 369 OF 2006 OCTRA NOMINEES PTY LTD (ACN 008 960 094) AND PETER CAMPBELL SMYTH (BY HIS ADMINISTRATORS DAVID ANDREW SMYTH AND ROBERT LANSELL AVERY) v CHRISTOPHER JOHN CHIPPER AND MELODY JANE CHIPPER AND RED VALLEY PTY LTD (ACN 009 384 605) WAD 375 OF 2006
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