Special Projects (Qld) Pty Ltd v Simmons

[2012] QCA 205

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Interpretation
3. › General approaches to interpretation
4. › Purposive construction
5. › Literal meaning departing from statutory purpose
6. › Whether definition of 'proposed allotment' extends to land reconfigured by compulsory resumption
7. › Land Sales Act 1984 (Qld), ss 2, 5, 6, 8, 9
8. › Acquisition of Land Act 1967 (Qld), ss 12, 12A
1. Statutes
2. › Interpretation
3. › Whole Act to be considered
4. › Objects clause informing construction of operative provisions
5. › Whether operative provisions reconcilable with objects when applied to resumption situation
6. › Land Sales Act 1984 (Qld), ss 2, 8, 9
1. Statutes
2. › Interpretation
3. › Definitions
4. › Scope of statutory definitions
5. › Whether context or subject matter otherwise indicates definition should not apply
6. › Acts Interpretation Act 1954 (Qld), s 32A
1. Statutes
2. › Interpretation
3. › Reading in words
4. › Conditions for notional reading in of additional words
5. › Whether court may read in exception to definition where legislative purpose clearly did not extend to case
6. › Wentworth Securities Ltd v Jones [1980] AC 74

Quick Take

The Land Sales Act 1984 (Qld) does not apply to a contract for the sale of land part of which has been compulsorily resumed under the Acquisition of Land Act 1967 (Qld), even though the land falls within the literal definition of 'proposed allotment'. The disclosure and avoidance provisions in ss 8 and 9 of the Land Sales Act are confined to property development situations and do not extend to resumption cases, which are regulated by the Acquisition of Land Act and the terms of the contract.