2025/00414992
| Date | Party | Submission |
|---|---|---|
| 23/12/25 | Appellant | Notice of Appeal (PDF, 182.3 KB) |
| 2/4/26 | Appellant | Submissions (PDF, 643.6 KB) |
| 20/4/26 | Respondent | Submissions (PDF, 3.6 MB) |
| 28/4/26 | Appellant | Reply (PDF, 130.7 KB) |
CONTRACT – the respondents are the registered proprietors of land at Marsden Park (the property) – on 10 October 2018 the appellant entered into a deed with the respondents whereby the respondents granted an option to the appellant to purchase the property for $22 million – cl 15.4 of the deed provides for a reduction in purchase price in certain circumstances – the appellant contended that it has now been ascertained that a railway corridor reduces the area of the property that can be developed by 8,106.1 m2 and as such, the purchase price under the deed should be reduced –the appellant sought rectification of cl 15.4 of the deed to give effect to an agreement that it says was reached regarding the circumstances in which the purchase price would be reduced, that agreement not being reflected in the terms of the deed – the option was exercised on 10 March 2025 and the date for completion of the ensuing contract was extended pending the determination of the Supreme Court proceedings – the primary judge held that the deed should not be rectified and dismissed the proceedings – whether the primary judge erred in failing to hold that the deed should be rectified in accordance with a common intention of the parties that the purchase price be reduced in light of the railway corridor.
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