A developer of a large resort and residential community was dealt a blow when its development application was overturned in the Queensland Planning and Environment Court earlier this year, after not adequately taking into account climate change-related sea level rise (22 October 2013)
The Australian Securities and Investments Commission (ASIC) has sounded a warning about people promoting self-managed super funds (SMSFs) encouraging consumers to invest in residential property via the government’s National Rental Affordability Scheme (NRAS) (22 October 2013)
Construction on the massive Eastland Shopping Centre expansion is set to begin with 150 new stores and a restaurant precinct due to be open by Christmas in 2015, Premier Denis Napthine announced today (29 October 2013)
Minister for Planning Matthew Guy has approved a new $120 million residential complex in Southbank, boosting economic investment and liability in the central area (29 October 2013)
Trade Practices – claim for return of deposit following rescission of contract for sale of property – whether representations made to induce entry into the contract – whether representations would give rise to relief under 9 Fair Trading Act 1999 (Vic) / s18 Australian Consumer Law 2010 (Cth); for innocent misrepresentation; and/or for negligent misstatement – whether in the alternative there was a fiduciary relationship such as could give rise to a breach of fiduciary duty – whether alternatively the plaintiff was entitled to rescind pursuant to s27(8) of the Sale of Land Act 1962 (Vic) – counterclaim for damages for failure to complete – quantum of damages – whether director of proprietary company also liable under contract.
NATURE OF CASE Abuse of process
PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues
Application for review by objector struck out for abuse of process pursuant to section 75(1) Victorian Civil and Administrative Act 1998 – attempt by objector to secure a commercial advantage for the person bringing the proceeding – importance of third parties acting bona fide
VENDOR AND PURCHASER – Contract for sale of land – Prior sale – Pre-contractual and contractual warranties that land not previously sold – Breach of warranty – Previous sale – Whether warranty essential term – Whether serious breach of intermediate term –Purported termination by purchaser under contractual default provisions – Breaches of s 32 Sale of Land Act 1962 – Purported rescission under s 32(5) Sale of Land Act 1962 – Rescission denied under s 32(7) Sale of Land Act 1962 – Fraudulent misrepresentation – Whether rescission for fraudulent misrepresentation – Whether contract affirmed – Service of notice to complete by vendor – Rescission notice – Repudiation by purchaser – Election by vendor – Alleged rescission on alternative ground – Misleading or deceptive conduct under s 52, s 53A Trade Practices Act 1974 (Cth) – Damages under s 82 Trade Practices Act 1974 (Cth) – Rescission and order for repayment of deposit under s 87 Trade Practices Act 1974 (Cth).
Letter of offer – acceptance invited – agreement stated to be subject to approval of Landlords – limited time for communication of approval specified – no notice of approval given within time – interpretation of letter – intention of the parties – letter expressed in terms of a concluded agreement – performance required by Tenant – offer accepted – terms performed by tenant – Landlords purporting to refuse approval after time expired – condition of approval not a condition precedent to the formation of a contract but a condition precedent to performance – agreement unconditional upon expiration of time for communication of approval
Retail Lease – option for further term – whether exercised – whether tenant estopped from denying existence of further term or of new lease – overholding – increases in rental – how made and when effective – re-entry when no arrears unlawful