NSW Caselaw
New South Wales Court of Appeal
CITATION: White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd & Anor [2009] NSWCA 114
HEARING DATE(S): 5 May 2009
JUDGMENT DATE: 3 June 2009
JUDGMENT OF: Giles JA at 1; Basten JA at 2; Macfarlan JA at 3
(a) Appeal allowed. (b) Set aside the orders made at first instance on 21 November 2008 that the proceedings be dismissed with costs. (c) Declare that the second respondent holds all of its right, title and interest in the land identified in Folio Identifier 2/1114604 on a constructive trust for the appellant. DECISION: (d) Order that upon the appellant paying to the second respondent the amount of $6.73 million on or before the date 3 months from the date of these orders, the second respondent transfer all of its right, title and interest in the land contained in Folio Identifier 2/1114604 to the appellant. (e) Grant liberty to any party to apply on 7 days notice to the others to vary the period of time referred to in the preceding order. (f) Order the respondents to pay the appellant's costs of the proceedings at first instance and on appeal. (g) The respondents to have certificates under the Suitors' Fund Act 1951, if qualified.
CATCHWORDS: EQUITY - general principles - unconscionability - party to joint venture agreement asserts property rights in a manner inconsistent with agreement after other party surrendered its property rights to facilitate performance of the agreement - EQUITY - fiduciary duties - limited fiduciary relationship arising out of contractual obligation to exercise option in particular way - EQUITY - equitable remedies - constructive trust - no pre-existing fiduciary relationship necessary where unconscionability - CONTRACTS - termination of contract - rights and obligations accrued prior to termination - CORPORATIONS - legal capacity and relations with outsiders - circumstances in which companies the alter egos of their controller - REAL PROPERTY - Torrens Title - indefeasibility of title - in personam exception applicable where registered proprietor is a primary wrongdoer
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