Lenz Moreton Building and Construction Law
0411 770 449
First right of refusal. (click picture)
Butchart v Sinnamon & Broderick  QSC 317 (click hear for decision)
Second Respondent’s (Broderick) Solicitor – Marc O’Donoghue, Lenz Moreton
Second Respondent’s Counsel – Mark Williams, Level 24 Chambers
Butchart purchased a plot of land from Sinnamon.
The purchase contract allowed Butchart first refusal to purchase the neighbouring plot if sold by Sinnamon.
Broderick signed a contract to purchase the neighbouring plot of land from Sinnamon.
Butchart claimed that they had not been given first right of refusal as per the contract.
Our poor client was very much caught up in the middle of this case between Butchart and Sinnamon.
The court hear that first refusal was given on 29 June, when Sinnamon asked Butchart if they would purchase the plot for $1.2 million.
Butchart told Sinnamon that they could not buy the land at $1.2 million unless there was a 12 month settlement.
The right of first refusal was exhausted on 29 June when Butchart stated they could not buy it at that point in time.
Verdict for the Second Respondent👍