Settlement/purchase options, page-416

Mojobu,

Unfortunately this legal principle hasn't been tested all the way to the High Court in Australia so it would potentially leave itself open to appeal. Might be worth faxing your suggestion asap to AGS's legal team however.

"The High Court has yet to consider the existence and scope of the implied term of good faith in any detail, although the majority in Royal Botanical Gardens and Domain Trust v South Sydney City Council recently acknowledged the importance of the issue raised by good faith. More tellingly, in Royal Botanic, Kirby J observed that good faith appeared to conflict with the principle of caveat emptor, which lies at the heart of the common law conception of economic freedom."

Eshmun​