Bob Blackmore Pty Limited v The Anson Bay Company (Australia) Pty Limited

In *Bob Blackmore Pty Limited v The Anson Bay Company (Australia) Pty Limited* [1989] NSWCA 21, the New South Wales Court of Appeal considered a dispute between Bob Blackmore Pty Limited (the appellant) and The Anson Bay Company (Australia) Pty Limited (the respondent). The core of the disagreement concerned the interpretation and enforceability of a restrictive covenant contained within a deed of transfer of land.

The primary legal issue before the Court of Appeal was whether the restrictive covenant, which purported to prevent the respondent from carrying out certain activities on its land, was valid and enforceable against the respondent. This involved determining whether the covenant ran with the land and whether it offended the rule against perpetuities.

The Court of Appeal, in its reasoning, analysed the nature of restrictive covenants and their enforceability in equity. It considered the requirements for a covenant to "run with the land," including whether it benefited the dominant tenement and burdened the servient tenement. Furthermore, the Court examined the application of the rule against perpetuities to such covenants, assessing whether the restriction imposed was void for remoteness. The Court ultimately found that the restrictive covenant was valid and enforceable.

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge and granting declarations that the restrictive covenant was valid and enforceable.