Is your WA lease destroyed on a transfer? — The Primewest appeal
The long-awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd  WASCA 28 was handed down on 5 February 2014.
As detailed in a previous DLA Piper briefing, Primewest (the seller) had commenced action in the first instance against Ryom (the buyer) for failing to be ready, willing and able to settle.
Ryom countered that it had validly terminated the sale contract as Primewest had failed to provide documents (required by the sale contract) confirming that a lease subject to an unregistered transfer and an unregistered lease would both remain enforceable following the transfer to Ryom…
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