Goldmaster Homes Pty Ltd v Keith Norman Johnson [2003] NSWSC 230

Goldmaster Homes Pty Ltd v Keith Norman Johnson [2003] NSWSC 230

There was no breach of the contractual obligation to provide a right of first refusal as the defendants priced the lots and communicated this to the plaintiffs, who then indicated the land was too expensive and took no further action; in these circumstances, no obligation existed to provide a formal written contract or document to exercise the right of first refusal.

Parties
Plaintiff: Goldmaster Homes Pty Ltd; Defendant: Keith Norman Johnson
Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for the defendants
Legal Topics
Right of First Refusal, Sale of Land, Breach of Contract
Contract Law Property Law Right of First Refusal Sale of Land Breach of Contract

Case Brief

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Parties

Goldmaster Homes Pty Ltd

Plaintiff

Keith Norman Johnson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a breach of contract relating to the right of first refusal on the sale of land
  2. 2 Whether the defendants were obliged to provide a formal written offer or draft contract to exercise the right of first refusal

Ratio Decidendi

There was no breach of the contractual obligation to provide a right of first refusal as the defendants priced the lots and communicated this to the plaintiffs, who then indicated the land was too expensive and took no further action; in these circumstances, no obligation existed to provide a formal written contract or document to exercise the right of first refusal.

Court Disposition

judgment for the defendants

Orders

  • Order the plaintiffs to pay the costs of the defendants.