› whether agreement grants equitable interest in property or its proceeds, or only a contractual right to proceeds of a sale or to acquire property pursuant to the call option
› where agreement provides mechanisms for acquisition of equity in property with same expiry date
› held, contractual right only and no equitable interest created
Equity
› remedies
› injunctions
› interlocutory injunctions
› undertaking as to damages
› where interlocutory injunction prevented acquisition of equitable interest in land pursuant to contractual right which would otherwise have been exercised
› loss quantified by reference to price achieved at later mortgagee sale
Procedure
› judgments and orders
› set-off of judgments
› where plaintiff entitled to damages on its claim and defendant entitled to damages pursuant to undertaking as to damages
› held, judgments may be set-off
Costs
› where plaintiff partly successful but fails on major part of case
› held, plaintiff should pay 80% of defendants’ costs
Case Details
Citation[2016] NSWSC 10
CourtNSWSC
JurisdictionNew South Wales
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