Meridien AB Pty Ltd & Anor v Jackson & Ors

[2013] QCA 121

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › General approaches to interpretation
5. › Words to be given literal and grammatical meaning
6. › Whether literal construction displaced by context and purpose
7. › Principle that courts will resist interpretation permitting person to take advantage of own wrong
8. › Land Sales Act 1984 (Qld), s 27
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Use of subsequent amending legislation as aid to construction
5. › Whether amendment merely clarificatory or changed the law
6. › Whether amendment made ex abundante cautela
7. › Sustainable Planning and Other Legislation Amendment Act 2012 (Qld), s 37
1. Real Property
2. › Sale of land
3. › Proposed lots
4. › Purchaser's right to avoid contract
5. › Whether right available to defaulting purchaser
6. › Whether vendor's failure to give registrable instrument of transfer caused by purchaser's own default
7. › Land Sales Act 1984 (Qld), s 27

Quick Take

Section 27 of the Land Sales Act 1984 (Qld), in its unamended form, does not confer a right of avoidance on a purchaser who is itself wrongfully refusing to settle and receive a registrable instrument of transfer. The right of avoidance under s 27(2) is implicitly limited to purchasers who are not in default of their concurrent contractual obligations. The subsequent amendment inserting 'other than as a result of the purchaser's default' was clarificatory and made ex abundante cautela.