Bisognin v Hera Project Pty Ltd

Bisognin v Hera Project Pty Ltd involved a dispute between the applicants, Bisognin, and the respondent, Hera Project Pty Ltd, regarding a contract for the sale of land. The Bisognins entered into a contract with Hera for the sale of a portion of their land, which included special conditions that obligated Hera to prepare a plan of subdivision and expedite its registration. One condition stipulated that if the plan was not registered by 25 August 2015, either party could terminate the contract. A further condition required Hera to enter into agreements with service suppliers, which included financial obligations. The dispute centred on which party was responsible for these financial obligations.

The primary legal issues for the court to decide were the effect of the special conditions in the contract, specifically whether they shifted the risk of registration and associated financial obligations from the Bisognins to Hera. The court also had to consider whether the applicants' appeal against the Judicial Registrar's orders extending the time to file an application for leave to appeal was devoid of merit. The applicants argued that the appeal had substantive merits and that not extending the time would lead to an unjust outcome.

The court held that the special conditions did indeed shift the risk of registration and associated financial obligations to Hera. The court noted that the Bisognins had adequately explained the reasons for the delay in filing the application for leave to appeal and that the appeal had substantive merits. Given these factors, the court found that the Judicial Registrar's decision to extend the time was appropriate, and the application to set aside the orders was dismissed.