In the legal dispute presented in Bellevue Station Pty Ltd v Consolidated Pastoral Company Pty Ltd & Anor [2024] QCA 47, the core issue revolved around a 2009 agreement between adjoining pastoral landholders which facilitated mutual land use without erecting boundary fences, aiming to cut costs. This agreement included a clause that, should either party sell their land, the new owner must enter into a similarly cooperative agreement. Bellevue Station, the appellant, found itself at odds with Consolidated Pastoral, the first respondent, when the latter refused to sign a new agreement after Bellevue acquired land from a party privy to the 2009 agreement. Bellevue argued that Consolidated had an implied duty to enter into the new agreement, leveraging s 55 of the Property Law Act 1974 (Qld) to support its claim. The Court, however, dismissed the appeal, emphasizing that the original agreement did not obligate Consolidated to consent to a subsequent arrangement with new landowners and that the terms for such an arrangement were inherently uncertain, rendering any supposed obligation unenforceable.
Bellevue Station Pty Ltd v Consolidated Pastoral Company Pty Ltd & Anor [2024] QCA 47
Updated: Apr 20, 2024