where the applicants in each proceeding entered into off-the-plan 2 contracts with the respondent developer/seller to purchase lots in the Chevron One development
Quick Take
1Where an off-the-plan contract uses mandatory language ('must') obliging the seller to establish the scheme, register the plan and effect settlement by the sunset date, that clause imposes a positive obligation on the seller, and the seller cannot rely on its own failure to meet that obligation to trigger a reciprocal termination right under a sunset clause or under s 217B of the BCCM Act.
2The general rule of construction that a party in breach may not take advantage of its own wrong applies unless the contract contains clear express provisions to the contrary; extensive termination rights for other specified circumstances (clause 16) do not constitute such a clear contrary provision.
3On the evidence, increases in body corporate contributions of approximately 40% over five years and temporary construction inconvenience from staged development did not meet the 'material prejudice' threshold under s 214 of the BCCM Act, assessed objectively having regard to the particular buyers' circumstances.
Case Details
Citation[2026] QSC 195
CourtQSC
JurisdictionQueensland
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