Britcourt P/L as Trustee for HP Clegg Superannuation Benefit Fund v Curlew Apartments P/L; Morris v Curlew Apartments P/L; Griffiths v Curlew Apartments P/L

The proceedings concern the validity of contracts for the sale of proposed allotments of State leasehold land on Hamilton Island. The plaintiffs, who are the purchasers of the proposed allotments, seek declarations that the contracts for the sale of the proposed allotments are not subject to section 8 of the Land Sales Act 1984 (Qld). The defendants, who hold subleases from the lessee of the land, propose to surrender the subleases to enable the redevelopment of the land into eight new units, each to be the subject of a new sublease. The central issue before the court was whether the proposed subleases constitute "proposed allotments" within the meaning of section 8(1A) of the Land Sales Act 1984 (Qld), which requires the lessee to have obtained the Minister's approval under the Land Act 1994 (Qld) for the subdivision of the land.

The court examined the meaning of "proposed allotment" and whether the proposed subleasing arrangement constituted a "subdivision" under the Land Act 1994 (Qld). The court found that the proposed subleasing arrangement did not constitute a "subdivision" as it did not involve the creation of new parcels of land but rather the reconfiguration of existing subleases. The court held that the proposed subleasing arrangement did not require the Minister's approval under the Land Act 1994 (Qld) as it did not involve the creation of new lots or parcels of land. The court also held that the proposed subleasing arrangement did not constitute a "proposed allotment" within the meaning of section 8(1A) of the Land Sales Act 1984 (Qld).

Accordingly, the court made the following orders: In each proceeding, it will be declared that the contract between the parties is not one to which section 8 of the Land Sales Act 1984 (Qld) applies. The court's decision provides clarity on the meaning of "proposed allotment" and the requirements for the approval of subdivisions under the Land Act 1994 (Qld). The decision is likely to have implications for the sale of proposed allotments of State leasehold land in Queensland.