Rosengreen v Saadie Group Pty Ltd [2018] NSWSC 1068

Rosengreen v Saadie Group Pty Ltd [2018] NSWSC 1068

Saadie Group's option rights expired by effluxion of time, six months from the Deed of Variation (27 November 2015), due to the failure to obtain subdivision approval, and in the absence of fault on the part of Mr Rosengreen. There was no contract between Kai Ling and Mr Rosengreen. Neither Saadie Group nor Kai Ling has any right, title or interest in the land or any enforceable right to purchase. Saadie Group is entitled to repayment of the $100,000 option fee under the Deed of Variation.

Parties
Third Plaintiff, Third Defendant, Second Cross Defendant: Kai Ling (Australia) Pty Ltd ACN 132 852 227; Third Defendant, First Plaintiff, First Cross Defendant: Saadie Group Pty Ltd ACN 158 709 454; Fourth Defendant, Cross Claimant: Robert Daniel Rosengreen
Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Equity Land Law / Principal Judgment (final Orders Following Hearing)
Outcome
Declaratory and consequential relief granted; all claims for acquisition of land dismissed.
Legal Topics
Options, Call Options, Expiry by Effluxion of Time, Subdivision Approval, Declaratory Relief
Land Law Equity Contracts Options Call Options Expiry by Effluxion of Time Subdivision Approval Declaratory Relief

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Parties

Kai Ling (Australia) Pty Ltd ACN 132 852 227

Third Plaintiff, Third Defendant, Second Cross Defendant

Saadie Group Pty Ltd ACN 158 709 454

Third Defendant, First Plaintiff, First Cross Defendant

Robert Daniel Rosengreen

Fourth Defendant, Cross Claimant

Procedural Posture

Equity Land Law / Principal Judgment (final Orders Following Hearing)

Legal Issues

  1. 1 Whether there was a subsisting option for acquisition of land under the deed(s)
  2. 2 Whether Saadie Group or Kai Ling had any enforceable contractual interest in the land
  3. 3 Whether the option expired by effluxion of time

Ratio Decidendi

Saadie Group's option rights expired by effluxion of time, six months from the Deed of Variation (27 November 2015), due to the failure to obtain subdivision approval, and in the absence of fault on the part of Mr Rosengreen. There was no contract between Kai Ling and Mr Rosengreen. Neither Saadie Group nor Kai Ling has any right, title or interest in the land or any enforceable right to purchase. Saadie Group is entitled to repayment of the $100,000 option fee under the Deed of Variation.

Court Disposition

Declaratory and consequential relief granted; all claims for acquisition of land dismissed.

Orders

  • DECLARE that Saadie Group Pty Ltd has no right, title or interest in folio identifier 3/1096405.
  • DECLARE that Saadie Group Pty Ltd has no present or prospective entitlements to acquire the Land under the subject deed or deed of variation.