30 Nov 2005
LANDCO ALBANY LIMITED V FU HAO CONSTRUCTION LIMITED CA CA179/04
- Citation
- openlaw-3d42b1fa_b5c8_4a00_8108_ed065c0e630a.pdf
- Court
- Court of Appeal
A contractual covenant not to lodge a caveat is not, per se, contrary to public policy and may be given effect; where the purchaser has agreed not to caveat and there is no real prospect of specific performance (damages being adequate and performance beyond the vendor's control), the court will order the caveat to lapse; cancellation under a requisitions clause must be assessed objectively on established requisition principles.