Tulk v Moxhay

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Citation: (1988) 165 CLR 107

This information can be found in the Textbook: Paterson, Robertson & Duke, Principles of Contract Law (Lawbook Co, 3rd ed, 2009), p. 209 [11.25]

Background facts

  • Plaintiff owned land, sold it with a restricted covenant not to build on the land.
  • Defendant buys he land after, wants to build despite knowledge of covenant.
  • Plaintiff sought injunction to stop Defendant from building

Legal issues

Judgement

  • Defendant bound by the equity
  • This applies only to restrictive covenants
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