SCN Pty Ltd v Smith

[2006] QSC 161

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Ambiguity
4. › Commercial purpose
5. › Surrounding circumstances
6. › Whether condition precedent required lodging of operational works application within stipulated time
7. › Whether condition should be read literally or by reference to commercial purpose
1. Contract
2. › Construction
3. › Conditions precedent
4. › Sale of land
5. › Development approvals
6. › Whether purchaser complied with condition requiring lodging of applications
1. Conveyancing
2. › Relationship of vendor and purchaser
3. › Matters arising between contract and conveyance
4. › Conditions precedent and subsequent
5. › Consents of third persons
6. › Local government approvals
7. › Whether purchaser diligently pursued development applications
8. › Whether purchaser entitled to extend time for satisfaction of condition
9. › Integrated Planning Act 1997 (Qld), ss 1.3.2, 1.3.5, 3.1.5, sch 10
1. Agency
2. › Estate agents
3. › Scope of authority
4. › Whether estate agent appointed by vendor was agent for receiving communications from purchaser

Quick Take

A condition precedent in a land sale contract requiring the lodging of development applications will be construed by reference to its commercial purpose and surrounding circumstances, and will not be read to require the making of applications that would be futile or serve no practical purpose. An estate agent appointed by a vendor to sell property has authority to receive communications from the purchaser regarding the progress of conditions precedent, and information given to the agent is effectively given to the vendor.