Queensland Appeals Court held purchaser could not rely on section 27 of Land Sales Act to avoid contract20 June 2013 | General
Meridien AB Pty Ltd & Anor v Jackson & Ors  QCA 121The Queensland Court of Appeal (Appeal Court) held that a purchaser could not rely on section 27 of the Land Sales Act 1984 (Qld) (s 27) which provides that a purchaser may avoid a contract if the vendor does not provide a registrable instrument of transfer within 3.5 years of the contract date, where the purchaser refuses to settle in breach of its contractual obligations and actively prevents a vendor from settling, to avoid the contract and escape liability.
The Appeal Court also held that a statute should not be interpreted to allow a person to benefit from their own wrong or infringe common law rights.
Section 27 was amended in February 2012 preventing a purchaser from relying on the provision in circumstances where the vendors failure to provide the transfer is due to a purchaser’s default.
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