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First right of refusal.

Butchart v Sinnamon & Broderick [2021] QSC 317 (click hear for decision)

  • Second Respondent’s (Broderick) Solicitor – Marc O’Donoghue
  • Second Respondent’s Counsel – Mark Williams, Level 24 Chambers

Issue

  • 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 case

  • 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.

Decision

  • 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👍