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Three Pty Ltd v Body Corporate for Savoir Faire [2007] QSC 358
JUDGE(S):
McMeekin J
DELIVERED ON:
06 December 2007
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Editorial Notes
Published Case Name:
Three P/L v Body Corporate for Savoir Faire
Shortened Case Name:
Three Pty Ltd v Body Corporate for Savoir Faire
MNC:
[2007] QSC 358
Court:
QSC
Judge(s):
McMeekin J
Date:
06 Dec 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 358
06 Dec 2007
Application by defendant for summary judgment; claim for specific performance of a contract with defendant body corporate as vendor, or alternatively damages for breach; s 19(7) Land Sales Act applies to a case where there is an agreement to sell and an instrument binding the purchaser to purchase that contains the condition there mentioned; application dismissed: McMeekin J.
Appeal Determined (QCA)
[2008] QCA 167 [2008] 2 Qd R 568
20 Jun 2008
Appeal allowed and judgment set aside, ordering judgment for the defendant; declaring that contract void pursuant to s 19(8) Land Sales Act; s 19(7) required any application for exemption from the operation of s 8 to be made within 30 days after that event: de Jersey CJ, Fraser JA and Mackenzie AJA.
Appeal Status
Appeal Determined (QCA)
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