Churnin v Pilot Developments, Glover v Pilot Developments, Pearson v Pilot Developments, Blackman v Pilot Developments, Blackman v Pilot Developments, Mason v Pilot Developments, Cheetham v Pilot Developments,

The applicants in this case were purchasers of units in a development by Pilot Developments, and the respondent was the developer. The applicants sought relief in the Supreme Court of Queensland against the developer's attempt to rescind contracts of sale for the units. The applicants argued that the developer was responsible for the builder's delay in erecting the units, which prevented the registration of the strata plan within the contractually agreed 24-month period. The developer attempted to rescind the contracts on the basis that the condition for registration of the strata plan within 24 months was not met.

The court was required to determine whether the builder's delay in erecting the units constituted a breach attributable to the developer, and whether the developer was entitled to rescind the contracts on this basis. The court had to examine the terms of the contracts, the nature of the condition regarding the registration of the strata plan, and the responsibility of the developer for the builder's actions.

The court held that the builder's delay was not a breach attributable to the developer because the developer was not responsible for the builder's actions. The contracts did not impose any obligation on the developer to ensure that the builder completed the construction within the specified timeframe. The court found that the developer was not entitled to rescind the contracts. The court further held that the developer's attempt to rescind the contracts was ineffective because the condition regarding the registration of the strata plan was a condition precedent, not a condition subsequent. The applicants were therefore entitled to specific performance of the contracts.

The court ordered that the developer complete the sub-division and register the strata plan within a specified timeframe. The court also ordered that the developer complete the construction of the units within a specified timeframe. The court further ordered that the developer pay the applicants' costs.