Gheko Developments P/L v Azzopardi & Anor

[2005] QCA 283

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Special conditions of sale
4. › Satisfaction clauses
5. › When obligation triggered
6. › Whether time runs from receipt of approval or from communication of satisfaction
7. › Integrated Planning Act 1997 (Qld), s 3.5.19
1. Contract
2. › Performance
3. › Payment obligations
4. › Designated payee
5. › Whether payment to agent satisfies obligation to pay to seller
6. › Estate agent as deposit holder
1. Contract
2. › Discharge, breach and defences
3. › Repudiation and non-performance
4. › Termination for breach
5. › Time of the essence
6. › Whether valid termination
1. Environment and Planning
2. › Development control
3. › Consents, approvals and permits
4. › When development approval takes effect
5. › Conditional contracts of sale
6. › Integrated Planning Act 1997 (Qld), s 3.5.19

Quick Take

Where a contract for sale of land requires payment of a deposit 'to the Seller' within a specified period after receipt of a satisfactory development approval, the time period runs from the date the buyer communicates satisfaction with the approval conditions, not from the date of receipt of the decision notice. Payment to the seller's real estate agent does not satisfy an express obligation to pay 'to the Seller' where the contract distinguishes between the agent and the seller as payees for different tranches of the deposit.