Sainsbury's Supermarkets Ltd v Olympia Homes Ltd & Ors [2005] EWHC 1235 (Ch) (17 June 2005)

Sainsbury's Supermarkets Ltd v Olympia Homes Ltd & Ors [2005] EWHC 1235 (Ch) (17 June 2005)

Sainsbury's option was an equitable interest requiring registration as a land charge. It was not so registered, and Olympia, as purchaser for value of the legal estate, took free of Sainsbury's interest, regardless of actual knowledge. The register could not be rectified in Sainsbury's favour. No trust or estoppel arose from dealings between Sainsbury's and Olympia.

Citation
[2005] EWHC 1235 (Ch)
Parties
Claimant: Sainsbury's Supermarkets Ltd; First Defendant: Olympia Homes Limited; Second Defendant: Transco PLC; Third Defendant: Westpac Banking Corporation; Fourth Defendant: National Westminster Bank PLC; Fifth Defendant: Alan Hughes
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Chancery Division Civil Action / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Rectification of Land Register, Options Over Land, Land Charges, Trusts and Estoppel, Priority of Interests, Specific Performance
Property Law Land Registration Equity Rectification of Land Register Options Over Land Land Charges Trusts and Estoppel Priority of Interests +1 more

Case Brief

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Parties

Sainsbury's Supermarkets Ltd

Claimant

Olympia Homes Limited

First Defendant

Transco PLC

Second Defendant

Westpac Banking Corporation

Third Defendant

National Westminster Bank PLC

Fourth Defendant

Alan Hughes

Fifth Defendant

Procedural Posture

Chancery Division Civil Action / Judgment After Trial

Legal Issues

  1. 1 Whether Sainsbury's option under the deed of novation binds Olympia as purchaser of the gas board site
  2. 2 Effect of non-registration of Mr Hughes' purchase and subsequent cancellation
  3. 3 Whether Sainsbury's interest required registration as a land charge

Ratio Decidendi

Sainsbury's option was an equitable interest requiring registration as a land charge. It was not so registered, and Olympia, as purchaser for value of the legal estate, took free of Sainsbury's interest, regardless of actual knowledge. The register could not be rectified in Sainsbury's favour. No trust or estoppel arose from dealings between Sainsbury's and Olympia.

Court Disposition

Claim dismissed

Orders

  • Claim for rectification of the register dismissed
  • No order for specific performance or damages