05 October 2006
Farmer Brown has operated for many years as a sole trader from leased land and buildings. He then decided to buy an orchard, but when doing so the solicitor registered the orchard in the names of both the farmer and the farmer's wife. Farmer Brown failed to notice this at the time.
On the purchase, Farmer Brown must have had in mind the possibility of obtaining residential building consent on the orchard, because he freely entered into a contractual agreement with the seller for a 'bonus' payment if this occurred within a certain period of time.
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