Bob Blakemore Pty Ltd v The Anson Bay Company (Australia) Pty Ltd

In the Supreme Court of New South Wales Court of Appeal, Bob Blakemore Pty Ltd (the appellant) sought to appeal a decision of the primary judge concerning a dispute with The Anson Bay Company (Australia) Pty Ltd (the respondent). The core of the dispute related to the interpretation and enforceability of a deed of covenant.

The Court of Appeal was required to determine whether the deed of covenant was valid and enforceable against the respondent, and if so, what the proper construction of its terms was. Specifically, the court had to consider whether the respondent was bound by the covenants contained within the deed, notwithstanding its status as a successor in title to the original covenantor.

The Court of Appeal found that the deed of covenant was valid and enforceable. It applied the principles of equity, particularly concerning restrictive covenants, and held that the respondent, as a successor in title with notice of the covenant, was bound by its terms. The court's reasoning focused on the intention of the parties at the time the covenant was created and the equitable principles that prevent a party from benefiting from a breach of a covenant of which they had notice.

The appeal was dismissed, and the orders of the primary judge were affirmed.