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Home > Qld Judgments > Supreme Court: Court of Appeal 2003 > Denham Bros Ltd v W Freestone Leasing P/L [2003] QCA 376

Queensland Judgments

[Full-text PDF] Denham Bros Ltd v W Freestone Leasing P/L [2003] QCA 376; [2004]1 Qd R 500 (02/9855) Brisb McMurdo P McPherson JA Holmes J 2/09/2003

Catchwords

LANDLORD AND TENANT – ASSIGNMENT, SEVERANCE AND UNDERLEASE – ASSIGNMENT AND SEVERANCE OF REVERSION – RIGHTS OR LIABILITIES OF ASSIGNEE – where respondent purchased property leased by appellant – where original lease contained option for lessor to require lessee to purchase – whether option assignable – whether option passed with reversion

REAL PROPERTY – GENERAL PRINCIPLES – REGISTRATION – WHAT IS CAPABLE OF REGISTRATION – whether s 53 Real Property Act (Qld) 1861 enables registration of covenant to purchase

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSIDERATION – NECESSITY FOR CONSIDERATION – where deed subsequently entered into between original lessor and respondent assigning option for lessor to require lessee to purchase – whether future interest that could not be assigned without consideration – whether effective assignment