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Purchaser applied for orders pursuant to section 70 Property Law Act 1976 (Qld) to enforce contract for sale of land; whether auctioneer had authority to sell property; vendor ordered to comply with sale contract and proceed to settlement within 30 days: Hall DCJ
Primary Judgment
[2003] QDC 135
12 May 2003
Vendor applied pursuant to rules 667 and 668 Uniform Civil Procedure Rules 2001 (Qld) to set aside or otherwise vary orders made on 31 March 2003; where purchaser entitled to assume agent acting within authority; application dismissed: Wilson SC DCJ
Appeal Determined (QCA)
[2004] QCA 89 [2004] 2 Qd R 438
02 Apr 2004
Vendor appealed against orders below; where orders not permitted under section 70 Property Law Act 1976 (Qld) where validity of contract in dispute; whether purchaser's subsequent indefeasibility prevented court from setting aside orders below; appeal allowed, orders below set aside and making of further orders adjourned until after trial determining auctioneer's authority: Williams JA and PD McMurdo J (Davies JA dissenting)
Appeal Status
Appeal Determined (QCA)
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