White Rock Wind Farm Pty Ltd v Dulhunty

• 1. Leases
  2. › Restrictions on dealing
  3. › Clause restricting lessee from dealing with interest or rights under lease
  4. › Whether clause applied to grant of licence to third party for access rights
  5. › Whether licence constituted dealing with lessee's proprietary rights or obligations
• 1. Leases
  2. › Shared use of land
  3. › Wind farm lease with shared occupation rights
  4. › Whether lessee entitled to grant access licence to third party without lessor's involvement
  5. › Where option agreements for access easements had expired unexercised
• 1. Contracts
  2. › Construction
  3. › Suite of agreements
  4. › Interpretation of lease in context of contemporaneous option agreements
  5. › Whether lessee could circumvent negotiated balance by granting licence instead of easement
• 1. Leases
  2. › Consent to dealings
  3. › Unreasonable withholding of consent
  4. › Whether lessor unreasonably withheld consent to proposed licence deed
  5. › Relevance of lessee's failure to exercise options
  6. › Relevance of shared use of land

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