In Queensland, there is no equitable jurisdiction to set aside a contract for common mistake where the contract is valid and enforceable at common law. The test for common mistake at common law requires, among other things, that the non-existence of the assumed state of affairs render performance of the contract impossible. Solle v Butcher is not to be followed. In contracts for the sale of land subject to development approval, a 'decision notice' under the IPA does not include a negotiated decision notice unless the contract expressly so provides.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.