We Are Here Pty Ltd v Zandata Pty Ltd [2010] NSWSC 262

New South Wales Supreme Court

CITATION : We Are Here Pty Ltd v Zandata Pty Ltd [2010] NSWSC 262

HEARING DATE(S) : 24.03.10, 25.03.10

JUDGMENT DATE : 9 April 2010

JUDGMENT OF : Windeyer AJ

DECISION : The plaintiff is entitled to orders for specific performance, that the cross claim be dismissed and that the defendant pay its costs

CATCHWORDS : CONTRACTS – mistake – unilateral mistake – option to purchase included in lease by mistake – lease result of exercise of option for new lease which should not have included option to purchase – new lease assigned to plaintiff company which exercised option to purchase – whether defence to specific performance available on ground of mistake REAL PROPERTY – leases – assignment of leases – whether assignee had knowledge of mistake – whether specific performance available to assignee REAL PROPERTY – leases – whether option to purchase lease exercisable by assignee – effect after registration of knowledge gained prior to registration

LEGISLATION CITED : Real Property Act 1900 Land Registration Act 1925 (UK)

CATEGORY : Principal judgment

Blacklocks v JB Developments (Godalming) Ltd [1982] Ch 183 Downie v Lockwood [1965] VR 257 Tanzone Pty Ltd v Westpac Banking Corporation [1999] NSWSC 478; (1999) NSW ConvR 55-908 CASES CITED : Taylor v Johnson [1983] HCA 5; (1983) 151 CLR 422 Thirsty Mack's Pty Ltd v Hasbeen Pty Ltd [2008] FCA 32 Tutt v Doyle (1997) 42 NSWLR 10 Westpac Banking Corporation v Tanzone Pty Ltd [2000] NSWCA 25; (2000) 9 BPR 17,521

PARTIES : We Are Here Pty Ltd - plaintiff Zandata Pty Ltd - defendant