The Victorian Government has announced the details of the next stage of its plan to connect 15 country towns to natural gas supplies (03 September 2013)
A plan to subdivide land near the Bendigo wastewater treatment plant has been rejected because of concern about the facility’s smell (30 August 2013)
Minister for Planning Matthew Guy has approved a planning scheme amendment that will allow for the expansion and redevelopment of the Lonsdale Golf Course at Point Lonsdale (27 August 2013)
TRADE AND COMMERCE – contract for sale of lot 9 in proposed plan of subdivision of land – seller made oral pre-contractual promise that level of lot would be very close to buyer’s adjoining land – formal contract conferred power on seller to amend plan of subdivision, subject to notice to buyers and their right to rescind – among other things, level of lots on plan amended on notice to all buyers – buyer of lot 9 did not exercise right to rescind – that buyer failed to settle contract and pay balance of purchase price – whether seller entitled to rescind contract and obtain damages for breach – whether buyer induced by promise to enter contract– whether mere non-performance of pre-contractual promise can constitute misleading or deceptive conduct – whether seller intended to perform promise and had reasonable grounds for making it – whether seller’s conduct misleading or deceptive in totality of circumstances – ‘misleading or deceptive’ – Trade Practices Act 1974 (Cth) s 52, Fair Trading Act 1999 (Vic) s 9.
VENDOR AND PURCHASER – Sale of land – Summary procedure under s 49 Property Law Act 1958 – Contract for sale of apartment conditional on loan of specified amount being obtained from designated lender – Right to terminate contract conditional on purchasers’ immediate application for loan – Right to terminate conditional upon purchasers doing everything reasonably required to obtain loan approval – No evidence of circumstances justifying return of deposit in exercise of discretion under s 49(2) Property Law Act 1958