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Court of Appeal upholds the High Court's decision to refuse an injunction sought by a sand and gravel business to prevent the marketing and sale of farmland. The business claimed an oral agreement to purchase the land, but the court found no arguable case for specific performance of the alleged contract, as the respondent was only one of six co-owners and had no authority to sell the entire property. Additionally, the alleged contract lacked a critical term regarding the time limit for obtaining planning permission, and there was no evidence of part performance of the contract after its alleged conclusion. The court also determined that damages would be an adequate remedy for the appellant, and the balance of convenience strongly favored refusing the injunction.
Court of Appeal, injunction, specific performance, land sale, oral agreement, Land and Conveyancing Law Reform Act 2009, part performance, co-ownership, planning permission, balance of convenience, damages as a remedy, property rights, equitable relief, tender process, commercial enterprise, sand and gravel business.
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