Shane Monks appeared for the defendant, instructed by Symphony Law Group.
The central issues in this case were (1) whether an option agreement for the purchase of vacant land suitable for development was void for uncertainty, and (2) whether a subsequent variation agreement was enforceable. The option holder alleged that he signed the variation agreement because of undue influence.
The Court found that the option agreement was not void for uncertainty, and that the variation agreement was valid, being supported by good consideration, and not being affected by undue influence. Because the plaintiff failed to exercise the option by the varied deadline of 6 September 2021, no binding purchase contract was formed. The Court ordered judgment for the defendant and that the plaintiff pay the defendant’s costs.
The judgment can be read by clicking here
