We Are Here Pty Ltd v Zandata Pty Ltd [2010] NSWSC 262

We Are Here Pty Ltd v Zandata Pty Ltd [2010] NSWSC 262

The inclusion of the option to purchase in the renewed lease was a mistake attributable to the lessor's solicitor, but the plaintiff assignee did not have actual or constructive knowledge of the mistake. The option to purchase, as contained in the registered lease, is enforceable by the assignee, and no equitable basis exists to withhold specific performance.

Jurisdiction
Australia
Judgment Date
09 April 2010
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Plaintiff's claim for specific performance granted; cross claim dismissed; defendant to pay plaintiff's costs.
Legal Topics
['mistake' 'unilateral Mistake' 'specific Performance' 'lease Assignment' 'option to Purchase' 'indefeasibility' 'registration of Lease']
['contracts' 'real Property'] ['mistake' 'unilateral Mistake' 'specific Performance' 'lease Assignment' 'option to Purchase' 'indefeasibility' 'registration of Lease']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether specific performance should be granted despite an option to purchase being included in the lease by mistake' 'Whether the option to purchase is enforceable by the assignee of the lease' 'Whether knowledge of the mistake by the assignee prevents specific performance']

Ratio Decidendi

The inclusion of the option to purchase in the renewed lease was a mistake attributable to the lessor's solicitor, but the plaintiff assignee did not have actual or constructive knowledge of the mistake. The option to purchase, as contained in the registered lease, is enforceable by the assignee, and no equitable basis exists to withhold specific performance.

Court Disposition

Plaintiff's claim for specific performance granted; cross claim dismissed; defendant to pay plaintiff's costs.

Orders

  • ['Order for specific performance of contract brought by exercise of option to purchase.' 'Dismissal of cross claim for rectification or rescission.' "Defendant to pay plaintiff's costs." 'Registrar in Equity to determine working out of specific performance order.']