The Court of Appeal dismissed the appeal, holding that Special Condition 10.3 of the contract of sale did not comply with s 9AE(2) of the Sale of Land Act 1962 (Vic), thereby upholding the purchasers' rescission. The substantive reasoning was delivered in the companion case Harofam Pty Ltd v Scherman [2013] VSCA 104, which addressed the construction of time-for-registration provisions in off-the-plan contracts, following Solid Investments Aust Pty Ltd v Clifford (2010) 27 VR 41 and Harman Nominees Pty Ltd v Leighton Shores Pty Ltd [2012] WASCA 189.
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