15 Apr 2013
WILTSHIRE DEVELOPMENTS LIMITED V BLAKE AND ORS HC CHCH CIV 2012-409-863
- Citation
- openlaw-4bf3f91b_b315_4184_8b95_11246fae35e3.pdf
- Court
- High Court
The Court held that clauses 1 and 2 created a lifetime option in favour of the grantee that precluded grantors selling to third parties during their lifetimes except where the grantor validly invited the grantee under clause 3(B) and the grantee failed to exercise within the prescribed period; the defendants' declaratory summary judgment claim was dismissed. The claim that the options were an unlawful restraint on alienation could not be resolved on summary judgment and was reserved for substantive hearing. The Court approved limited machinery amendments to clarify exercise after death of the…