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Australia rescissionsale of land

Boardman Super Fund Pty Ltd v Home & Land Centre Pty Ltd

[2026] NSWSC 433
JurisdictionAustralia
CourtSupreme Court of New South Wales
Year2026
StatusPersuasive authority

Key Principle

Whether a change to a subdivision plan annexed to a put-and-call option deed triggers a 'material change' rescission right is assessed objectively, by asking whether a reasonable counterparty in the purchaser's position, knowing of the change, would have entered the deed and whether the change is materially prejudicial.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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