SUPREME COURT OF QUEENSLAND
CITATION:
Brightman & Ors v Royal Pines Projects Pty Ltd (No 2) [2024] QSC 150
PARTIES:
ADAM BRIGHTMAN
(first applicant)
ANDJODIE BRIGHTMAN
(second applicant)
ANDMARY MAGGIE MAE CRUZ
(third applicant)
ANDRAYMOND CAVITE CRUZ
(fourth applicant)
ANDCAMERON ROBERTS
(fifth applicant)
ANDREBECCA ANNING
(sixth applicant)
ANDADRIANA EUGENIA HERNANDEZ SILVA
(seventh applicant)
ANDJARRAD GLENN BUNT
(eighth applicant)
ANDJESSICA LEE DEMCHENKO
(ninth applicant)
ANDDIANNE MARIA MASSEY
(tenth applicant)
ANDVISHENDRAN NAIDU
(eleventh applicant)
ANDB CORPORATION (QLD) PTY LTD
ACN 651 109 894(twelfth applicant)
ANDGEORGE STANLEY NEWBOLD
(thirteenth applicant)
ANDBRENDA ZHOYA
(fourteenth applicant)
ANDMICHAELA ERIKA MORELAND
(fifteenth applicant)
ANDREMY ARRAN MORELAND
(sixteenth applicant)
ANDKRISTIE-LEE ANNING
(seventeenth applicant)
ANDDESMOND LAFFY
(eighteenth applicant)
ANDTRINA LAFFY
(nineteenth applicant)
ANDCORNELIA CHRISTINE DAY
(twentieth applicant)
ANDCOLIN JAMES BURTON
(twenty-first applicant)
ANDPERRIE BURTON
(twenty-second applicant)
ANDSILVANA TRPESKA
(twenty-third applicant)
v
ROYAL PINES PROJECTS PTY LTD
ACN 118 164 999 ATF BRISBANE CREDITS TRUST(respondent)
FILE NO/S:
BS 8832 of 2024
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
15 July 2024
DELIVERED AT:
Brisbane
HEARING DATE:
On the papers
JUDGE:
Applegarth J
ORDER:
THE ORDER OF THE COURT IS THAT:
1. In respect of each of the contracts identified in the schedule to this order, it is declared that:
(a) by reason of the implication in that contract (Contract) of a term requiring that each party co‑operate to allow the other party the benefit of the Contract, upon request by the purchaser under the Contract (Purchaser), the respondent is required, within a reasonable time after receiving the request, to permit access to the real property (Property) the subject of the Contract by a valuer appointed by the Purchaser so as to enable the valuer to provide advice to the Purchaser as to the value of the Property for the purpose of obtaining finance in advance of completion of the Contract;
(b) the respondent has, despite request by the Purchaser, failed to permit and facilitate such access; and
(c) the respondent is not entitled to call for completion of the Contract on 16 July 2024.
2. In respect of each of the said contracts, the respondent is restrained from purporting to terminate that contract in reliance on failure by the Purchaser or Purchasers under that contract to settle on 16 July 2024.
3. The respondent pay the applicants’ costs of the proceeding.
CATCHWORDS:
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS – TERMS ESSENTIAL TO ENABLE PERFORMANCE – where there are contracts for the sale of apartments “off the plan” – where each contract contemplates the buyer having a financier and where the contract contemplated that finance would be required for the buyer to perform the contract – where the settlement date is set by the contract 14 days after a notice by the seller – where…
Keep reading for free
Create a free CaseChat account to read Brightman v Royal Pines Projects Pty Ltd (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] QSC 150
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around whether there was an implied term in the contracts that required the sellers to facilitate the buyers' valuers inspecting the apartments to obtain finance. The buyers argued that such a term was implied given the nature of "off the plan" sales and the reliance on finance to complete the purchase. The court had to determine if the sellers' refusal to allow the inspections breached this implied term and if the sellers could call for completion of the contracts.
The court held that an implied term requiring cooperation to enable the buyers to obtain finance was present in the contracts. This term mandated that the sellers permit the buyers' valuers to inspect the apartments upon request. The sellers' failure to allow the inspections for a week, coupled with construction works preventing access, constituted a breach of the implied term. The court found that the sellers were not entitled to call for completion of the contracts and restrained them from terminating the contracts based on the buyers' failure to settle on the specified date. The court also ordered the sellers to pay the buyers' costs.
The orders of the court declared that the sellers were required to permit the buyers' valuers to inspect the apartments to obtain finance and restrained the sellers from terminating the contracts or calling for completion based on the buyers' inability to settle on the specified date. The court further ordered the sellers to pay the buyers' costs.
Orders
Orders of the court
THE ORDER OF THE COURT IS THAT:
1. In respect of each of the contracts identified in the schedule to this order, it is declared that:
(a) by reason of the implication in that contract (Contract) of a term requiring that each party co‑operate to allow the other party the benefit of the Contract, upon request by the purchaser under the Contract (Purchaser), the respondent is required, within a reasonable time after receiving the request, to permit access to the real property (Property) the subject of the Contract by a valuer appointed by the Purchaser so as to enable the valuer to provide advice to the Purchaser as to the value of the Property for the purpose of obtaining finance in advance of completion of the Contract;
(b) the respondent has, despite request by the Purchaser, failed to permit and facilitate such access; and
(c) the respondent is not entitled to call for completion of the Contract on 16 July 2024.
2. In respect of each of the said contracts, the respondent is restrained from purporting to terminate that contract in reliance on failure by the Purchaser or Purchasers under that contract to settle on 16 July 2024.
3. The respondent pay the applicants’ costs of the proceeding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.