29 Apr 2008
NICHOLSON V MORNING STAR (ST LUKES GARDEN APARTMENTS) LIMITED HC CIV 2008-404-824
- Citation
- openlaw-6bc92aec_4249_486b_a8fd_d7cf5451bd18.pdf
- Court
- High Court
The vendor's contractual right to vary the development under clause 5.6 is limited by an objective 'reasonable opinion' test and by a prohibition on materially diminishing the value or use of the purchaser's property; on the evidence it was reasonably arguable the alterations would materially diminish the applicant's rights and therefore the applicant possessed an arguable equitable interest in FDUs' common property entitling him to caveat and the caveat should not lapse because the power of attorney could be restrained from being used to defeat those arguable rights.