Australia Estates Pty Ltd v Cairns City Council

Australia Estates Pty Ltd sought to purchase land from Cairns City Council with the intention of constructing commercial and residential buildings. The appellant applied for a variation to a decision notice, which was subsequently negotiated with the Council, resulting in a negotiated decision notice. The dispute centred on whether the decision notice or the negotiated decision notice should be considered "approval" within the meaning of the contract, and whether the variation to the contract was void for common mistake.

The court needed to determine whether the negotiated decision notice constituted the "approval" required by the contract, and if the variation to the contract was void for common mistake. The appellant argued that the negotiated decision notice was not the "approval" as defined in the contract, and that the variation was void due to common mistake. The respondent contended that the negotiated decision notice was the necessary approval and that there was no common mistake that would render the variation void.

The court held that the negotiated decision notice was the "approval" required by the contract, as it was consistent with the statutory process under the Integrated Planning Act 1997 (Qld). The court further found that there was no common mistake that would render the variation void, as the appellant could not demonstrate that it held a mistaken view of the facts or the legal effect of the facts when the agreement to vary the completion date was made.

The appeal was dismissed with costs, affirming that the negotiated decision notice was the necessary approval and that there was no common mistake that would invalidate the variation to the contract.