Tranchita v Danehill Nominees Pty Ltd
Case
•
[2004] WASC 154
Details
AGLC
Case
Decision Date
Tranchita v Danehill Nominees Pty Ltd [2004] WASC 154
[2004] WASC 154
CaseChat Overview and Summary
In the Supreme Court of Western Australia, the case of Tranchita v Danehill Nominees Pty Ltd involved Vincenzo Tranchita, the plaintiff, who sought an extension of an interlocutory injunction to restrain the Registrar of Titles from registering certain land transfers lodged on behalf of the defendants. The legal issues centered on whether the plaintiff was required to be ready and willing to complete a contract of sale at the time the right was exercised, and whether the injunction should be extended to trial. The court found that the plaintiff's statement of readiness and willingness to accept an offer to purchase the relevant interests in accordance with the agreement was sufficient. The court further concluded that there was a serious question to be tried and that the balance of convenience lay in favour of the plaintiff. Consequently, the injunction was extended to trial, with liberty for each defendant to apply to vary or discharge the injunction should circumstances change.
Details
Key Legal Topics
Areas of Law
-
Property Law
Legal Concepts
-
Specific Performance
-
Pre-emptive Right
-
Contract Formation
Actions
Download as PDF
Download as Word Document
Most Recent Citation
BASILIO TRANCHITA LAURINA TRANCHITA and SECRETARY, DEPARTMENT OF FAMILY, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS [2009] AATA 480
Cases Citing This Decision
4
BASILIO TRANCHITA LAURINA TRANCHITA and SECRETARY, DEPARTMENT OF FAMILY, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
[2009] AATA 480
Tranchita v Danehill Nominees Pty Ltd [No 2]
[2007] WASC 248
Cases Cited
13
Statutory Material Cited
0
Redman v Permanent Trustee Co of New South Wales Ltd
[1916] HCA 47
Redman v Permanent Trustee Co of New South Wales Ltd
[1916] HCA 47
Dorothy Jonns v Kim Seong Tan and 2 Ors
[1999] NSWSC 648