Blackman v Milne

[2006] QSC 350

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Acts of Parliament
3. › Waiver of statutory rights
4. › Provisions conferring private rights
5. › Whether right conferred by statute was a private or public benefit
6. › Whether buyer could waive seller's agent's failure to direct attention to warning statement
7. › Property Agents and Motor Dealers Act 2000 (Qld), s 365(2)(c)
1. Contract
2. › General contractual principles
3. › Construction and interpretation of contracts
4. › Special conditions
5. › Notice provisions
6. › Whether proper notice given under special conditions requiring notice 'together with' a copy of offer
7. › Whether defective notice could be cured by later provision of missing document
1. Contract
2. › Specific performance
3. › Residential property sale
4. › Whether contract subsisting and enforceable

Quick Take

A buyer's right under s 365(2)(c)(ii) of the Property Agents and Motor Dealers Act 2000 (Qld) to have their attention directed to the warning statement is a private right that the buyer may waive by affirming the contract, and a seller cannot rely on its own agent's failure to comply with that provision to avoid being bound. Where a special condition requires notice 'together with' a copy of an offer, delivery of the notice without the copy is defective and any election period runs from when the copy is actually provided.