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Applications for summary judgment by both parties to dispute arising from notice given by purchaser to terminate contract for sale; alleged right to give notice of termination under section 9 Land Sales Act; right to terminate still available because vendor only provided instrument for stamping purposes only and therefore not immediately registerable: McGill SC DCJ.
Appeal Determined (QCA)
[2007] QCA 252 [2008] 1 Qd R 316
03 Aug 2007
Application for leave to appeal decision of District Court on dispute between vendor and purchaser arsing from vendor's noncompliance with s 5 Land Sales Act giving rise to purchaser's right to avoid the contract prior to receipt of registerable instrument of transfer; no error in finding that instrument provided for stamping purposes only insufficient to exclude purchaser's right; leave granted but appeal dismissed with costs: McMurdo P, Holmes JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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