Hannah & Ors v TW Hedley (Investments) Pty Ltd & Ors

[2010] QCA 256

Queensland Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation of contracts
3. › Non-compliance with statute
4. › Consumer protection provision
5. › Whether contract had effect prescribed by statute
6. › Whether exact statutory words required
7. › Body Corporate and Community Management Act 1997 (Qld), s 212
1. Statutory Interpretation
2. › Purposive construction
3. › Consumer protection legislation
4. › Whether compliance requires use of statutory language or achievement of statutory purpose
5. › Acts Interpretation Act 1954 (Qld), s 14A
1. Real Property
2. › Community titles schemes
3. › Sale of lots off the plan
4. › Settlement provisions
5. › Cancellation rights for non-compliance with statutory requirements
6. › Body Corporate and Community Management Act 1997 (Qld), ss 24, 212

Quick Take

A contract for the sale of a lot 'off the plan' in a community titles scheme complies with s 212(1) of the Body Corporate and Community Management Act 1997 (Qld) (in its pre-June 2009 form) if it fixes the settlement date by reference to notification that the constituent elements for establishment of the scheme have occurred (registration of the plan and recording of the community management statement), even though it does not use the statutory expression 'the community titles scheme has been established'. The use of 'registration' instead of 'recording' in respect of the community management statement is immaterial.