Royal Pines Projects Pty Ltd v Brightman

[2024] QCA 147

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › General contractual principles
3. › Construction and interpretation of contracts
4. › Implied terms
5. › Duty to cooperate
6. › Off-the-plan sale contracts
7. › Whether seller required to respond promptly to purchaser requests for valuer access to allow full benefit of settlement notice period
1. Contract
2. › General contractual principles
3. › Discharge, breach and defences to action for breach
4. › Breach of implied term
5. › Whether seller's delay in responding to requests for valuer access was unreasonable
1. Contract
2. › General contractual principles
3. › Causation
4. › Whether sufficient evidence to grant injunctive and declaratory relief
5. › Whether seller's breach delayed completion of valuation reports and finance approval
6. › Prevention principle

Quick Take

Developers selling off-the-plan must respond promptly to purchaser requests for valuer access during the settlement notice period, even where the contract is not subject to finance, if the contract contemplates the purchaser obtaining finance.