Gippsreal Pty Ltd v Boyle & Anor [2006] NSWSC 601

New South Wales Supreme Court

CITATION : Gippsreal Pty Ltd v Boyle & Anor [2006] NSWSC 601 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 08/06/05, 09/06/05

JUDGMENT DATE : 15 June 2006

JURISDICTION : Equity Divison

JUDGMENT OF : White J

DECISION : 1. Refuse the plaintiff's application that the caveats be further extended; 2. Order that the plaintiff pay the defendants' costs of that application.

CATCHWORDS : REAL PROPERTY – Caveats – Application to extend caveats – Plaintiff claimed charge over defendants' land pursuant to charge provisions in letter – Letter of offer gave plaintiff total discretion as to performance of its obligations under putative contract – Whether letter provided valid consideration for charge provisions – Whether acts of part performance on part of plaintiff constituted valid consideration – "Unilateral" contracts – Where valid consideration found – Whether any amount secured by charge – Insufficient evidence that any amount secured – Application to extend caveats dismissed.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

Placer Development Ltd v Commonwealth of Australia (1969) 121 CLR 353 Gippsreal Limited v Registrar of Titles and Kurek Investments Pty Ltd [2006] VSC 115 Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 Gippsreal Ltd v Registrar of Titles and Kurek Investments Pty Ltd (Supreme Court of Victoria, Court of Appeal, 26/5/06 unreported) CASES CITED : DW Greig & JLR Davis, The Law of Contract (1987) Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 MacRobertson Miller Airline Services v Commissioner of State Taxation (WA) (1975) 133 CLR 125 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 ERS Engines Pty Ltd v Wilson (1994) 35 NSWLR 193