In this matter the plaintiff purchased land and entered in to a contract with the defendant whereby the contract provided that defendant was to construct stormwater discharge points. The contract provided that upon construction of the discharge points the plaintiff would be entitled to discharge stormwater through “future stormwater retention basin and pond…which will be constructed by or on behalf of the vendor”. The dispute concerned whether “which will be constructed” identifies the infrastructure or creates obligation to construct.
Sean Russell (with J Peden QC) appeared for the plaintiff, instructed by Russells.
David Chesterman (with G Beacham QC) appeared for the defendant, instructed by Corrs Chambers Westgarth.
The judgment can be read here.