Mitchell v Leafs Gully Farm Pty Ltd [2016] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mitchell v Leafs Gully Farm Pty Ltd [2016] NSWCA 92 Hearing dates: 26 April 2016 Decision date: 03 May 2016 Before: Beazley P at [1]; Leeming JA at [2]; Payne JA at [54] Decision: 1. Appeal dismissed.

2. The parties to supply within 14 days either:

(a) agreed orders as to the costs of the appeal, or

(b) the orders which they propose, any evidence in support of those orders, and submissions not exceeding 4 pages in support of the orders they propose. Catchwords: CONVEYANCING – option deed – construction of option – purported exercise by nominee of grantee – whether nominee of grantee entitled to benefit of credit towards purchase price of options fees previously paid – whether irrevocable offer excluded contractual provisions for crediting option fees Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), Pt 3A Cases Cited: Coulls v Bagot's Executor and Trustee Co Ltd (1967) 119 CLR 460 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd (1959) SR (NSW) 122 Category: Principal judgment Parties: Richard Gordon Mitchell (Appellant) Leafs Gully Farm Pty Ltd (First Respondent) AGL Power Generation Pty Ltd (Second Respondent) Representation: Counsel: BA Coles QC, PT Russell (Appellant) RG McHugh SC, J Hutton (First Respondent) AP Lo Surdo SC, DR Meltz (Second Respondent)