Land Sales Act 1984

A seller of a proposed lot under an off-the-plan contract may apply to the Supreme Court for an order permitting the seller to terminate the contract under a sunset clause.

The Supreme Court may make an order permitting the seller to terminate the off-the-plan contract under the sunset clause if the seller satisfies the court it is just and equitable in the circumstances.

In deciding whether it is just and equitable to make the order the Supreme Court must consider the following matters—

the terms of the off-the-plan contract, including whether a term is intended to avoid the operation of this division;

whether, in the performance of their obligations under the contract, the seller acted unreasonably or in bad faith;

whether matters beyond the seller’s reasonable control affected—

the seller’s ability to settle the contract; or

to the extent the seller’s business is related to the performance of the off-the-plan contract—the viability of the seller’s business;

whether, in the circumstances, there is a reasonable prospect of the seller settling the contract;

if the seller can not settle the contract, what actions the seller has taken to—

settle the contract; and

minimise the effect of any matter that affected the seller’s ability to settle the contract;

the effect of settling the contract on the seller;

the effect of terminating the contract on the buyer;

the extent of the buyer’s performance of their obligations under the contract;

whether the proposed land the subject of the contract has increased in value;

any other matter the court considers relevant;

any other matter prescribed by regulation.

The seller must pay the costs of the buyer in relation to a proceeding for the order unless the seller satisfies the Supreme Court that the buyer unreasonably withheld consent to the termination of the contract under the sunset clause.