PACIFIC RIM DEVELOPMENTS PTY LTD v Mary ANKETELL [1999] NSWSC 304

PACIFIC RIM DEVELOPMENTS PTY LTD v Mary ANKETELL [1999] NSWSC 304

Section 66ZG renders void any option for the purchase of residential land exercisable within 42 days of its grant, even where both parties have signed and consideration is paid. The statutory invalidity operates absolutely, precluding the application of equitable estoppel to uphold the option or prevent restitution of consideration paid under it.

Parties
Plaintiff: Pacific Rim Developments Pty Ltd; Defendant: Mary Anketell
Jurisdiction
Australia
Judgment Date
09 April 1999
Procedural Posture
Civil Appeal / Appeal From Local Court to Supreme Court by Stated Case
Outcome
Appeal allowed
Legal Topics
Sale of Land, Option Agreement, Statutory Estoppel, Conveyancing Act 1919 S66 ZG
Property Law Sale of Land Option Agreement Statutory Estoppel Conveyancing Act 1919 S66 ZG

Case Brief

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Parties

Pacific Rim Developments Pty Ltd

Plaintiff

Mary Anketell

Defendant

Procedural Posture

Civil Appeal / Appeal From Local Court to Supreme Court by Stated Case

Legal Issues

  1. 1 Whether the option agreement was void under s66ZG Conveyancing Act 1919
  2. 2 Whether equitable estoppel could prevent operation of the statute
  3. 3 Whether payment of consideration was a condition precedent to exercise of the option

Ratio Decidendi

Section 66ZG renders void any option for the purchase of residential land exercisable within 42 days of its grant, even where both parties have signed and consideration is paid. The statutory invalidity operates absolutely, precluding the application of equitable estoppel to uphold the option or prevent restitution of consideration paid under it.

Court Disposition

Appeal allowed

Orders

  • Quash the verdict and judgment for the Defendant Mary Anketell in the Local Court at Tweed Heads on 12 February 1998.
  • Remit the matter to the Local Court to be determined in accordance with these Reasons.