Immer (No 145) Pty Limited v Uniting Church in Australia Property Trust (NSW)

The case of *Immer (No 145) Pty Limited v Uniting Church in Australia Property Trust (NSW)* involved an appeal to the High Court of Australia. The dispute concerned whether the appellant, Immer (No 145) Pty Limited, had made an election not to rely on the terms of clause 7 of an agreement. A further issue was whether any such election was affected by a mutual mistake regarding the approval of the Council for the transfer of air space rights.

The High Court was required to determine two primary legal issues. Firstly, whether the appellant had elected to forgo its rights under clause 7 of the relevant agreement. Secondly, if an election had otherwise occurred, whether the parties' shared mistake as to whether Council approval for the transfer of air space had been granted vitiated that election. The nature of the air space rights themselves, which arose from a Council's power to grant development applications rather than a specific statutory provision, was also a background consideration.

The appellant sought to acquire additional air space rights from the respondent for the development of nearby land. An agreement was reached for the sale of these rights for $2.306 million. The core of the dispute revolved around the interpretation of the parties' conduct in relation to clause 7 of the agreement and the impact of a potential mutual mistake on the validity of any election made. The court's reasoning would likely involve an analysis of the principles of election in contract law and the doctrine of mistake.