Linfield Developments Pty Limited v Shuangxing Development Pty Limited

[2016] NSWSC 68

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contract
2. › conditional call option
3. › contractual right granted by a purchaser to a third party
4. › whether equitable interest in land acquired by third party before purchaser completes purchase
1. Contract
2. › conditional call option
3. › whether equitable interest in land acquired before event of default or exercise of option
1. Priority
2. › competing equitable interests
3. › test for resolution of priority
4. › merits not equal
5. › better equity
6. › general and flexible principle
7. › not dependent on conduct of holder of prior interest being causative of acquisition of later interest
1. Penalty
2. › a question of construction and characterisation
3. › evidence of value of land irrelevant