McDonald’s Australia Ltd v Rydal Serpan Pty Ltd & Ors [2009] NSWSC 241

McDonald’s Australia Ltd v Rydal Serpan Pty Ltd & Ors [2009] NSWSC 241

It is entirely arguable that the equitable interest that Yavenvale holds in the land, pursuant to the contract for purchase, may be subject to equities in favour of McDonald's, such as to support a caveatable interest. Thus, the application to remove the caveat must be dismissed.

Parties
Plaintiff: McDonald's Australia Limited; First Defendant: Rydal Serpan Pty Ltd; Second Defendant: Stuart David Webster; Third Defendant: Linda Jane Webster; Fourth Defendant: Yavenvale Pty Ltd a.t.f. Pearce Superannuation Fund
Jurisdiction
Australia
Judgment Date
26 March 2009
Procedural Posture
Commercial Equity Proceeding / Interlocutory Application for Removal of Caveat
Outcome
Application for removal of caveat dismissed
Legal Topics
Caveats, Breach of Contract, Constructive Trust, Injunctions
Property Law Equity Caveats Breach of Contract Constructive Trust Injunctions

Case Brief

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Parties

McDonald's Australia Limited

Plaintiff

Rydal Serpan Pty Ltd

First Defendant

Stuart David Webster

Second Defendant

Linda Jane Webster

Third Defendant

Yavenvale Pty Ltd a.t.f. Pearce Superannuation Fund

Fourth Defendant

Procedural Posture

Commercial Equity Proceeding / Interlocutory Application for Removal of Caveat

Legal Issues

  1. 1 Whether McDonald's Australia Ltd has an arguable case for a caveatable interest in the land
  2. 2 Whether Rydal Serpan Pty Ltd breached clause 13.10 of the sublease
  3. 3 Whether Yavenvale Pty Ltd holds the benefit of the contract for sale on constructive trust for McDonald's

Ratio Decidendi

It is entirely arguable that the equitable interest that Yavenvale holds in the land, pursuant to the contract for purchase, may be subject to equities in favour of McDonald's, such as to support a caveatable interest. Thus, the application to remove the caveat must be dismissed.

Court Disposition

Application for removal of caveat dismissed

Orders

  • Application for removal of caveat is dismissed