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Originating application seeking declaration as to the validity of the termination of a contract for sale on the basis that the "warning statement" prescribed by s 366 Property Agents and Motor Dealers Act was not the "first or top sheet" as required; evidence supports a conclusion that the arrangement of the documents at the time of the plaintiff’s signing on all probability complied with the provisions of s 366 of the Act: Moynihan J.
Appeal Determined (QCA)
[2007] QCA 188 [2008] 1 Qd R 360
08 Jun 2007
Appeal dismissed with costs; purchaser sought to terminate sale agreement on basis that warning statement prescribed by Property Agents and Motor Dealers Act was singed after the contract was signed resulting in the statement not being the "top sheet" as required; “contract” in s 366(1) must be read as “proposed contract” would not require the warning statement to be the first or top document when the contract is received from the seller: Jerrard JA, White and Atkinson JJ.
Appeal Status
Appeal Determined (QCA)
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