A claim based on pre-contractual misleading or deceptive conduct relating to a lease tenant does not fall within clause 7 of the 2005 standard contract for sale of land where condition 49.3 precludes the purchaser from making 'any claim in relation to any matter relating to the Lease'. The question whether a claim falls within clause 7 is determined on the balance of probabilities, not merely on reasonable arguability. On the s 55(2A) discretion, the Court was divided: the majority held that a higher resale price and alleged (but unproven) misleading conduct were insufficient to warrant return of a 5% deposit; the minority would have ordered return based on the combination of those factors.
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