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Three Pty Ltd v Body Corporate for Savoir Faire[2008] QCA 167

Reported at [2008] 2 Qd R 568

Three Pty Ltd v Body Corporate for Savoir Faire[2008] QCA 167

Reported at [2008] 2 Qd R 568
CITATION: Three Pty Ltd v Body Corporate for Savoir Faire [2008] QCA 167
JUDGE(S): de Jersey CJ, Fraser JA, Mackenzie AJA
DELIVERED ON: 20 June 2008
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Editorial Notes

  • Published Case Name:

    Three P/L v Body Corporate for Savoir Faire Community Titles Scheme 3841

  • Shortened Case Name:

    Three Pty Ltd v Body Corporate for Savoir Faire

  • Reported Citation:

    [2008] 2 Qd R 568

  • MNC:

    [2008] QCA 167

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Fraser JA, Mackenzie AJA

  • Date:

    20 Jun 2008

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 35806 Dec 2007Application 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 56820 Jun 2008Appeal 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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