Dunworth v Mirvac Qld P/L (No 3)

The case of Dunworth v Mirvac Qld P/L (No 3) involved a dispute over the specific performance of a contract for the sale of an apartment. The plaintiff had agreed to purchase an apartment from the defendant, but the apartment was subsequently inundated by a flood. The plaintiff sought to vacate the court's previous order for specific performance, claiming the apartment was unfit for habitation under section 64 of the Property Law Act 1974 (Qld). The legal issues before the court were whether the apartment was unfit for habitation, and if so, when that unfitness should be assessed. The court also needed to determine whether the matter should proceed to trial.

The court addressed the issue of the unfitness of the apartment, considering when that unfitness should be assessed. It held that the assessment should be made at the time of the specific performance order. The court found that the issue of unfitness was not determinable on the papers before it and that the matter should proceed to trial. It varied the date of specific performance to allow the plaintiff to maintain her claim for termination under section 64 of the Property Law Act 1974 (Qld). The court ordered the plaintiff to file a statement of claim regarding the issues raised in her application and placed the proceeding back on the Commercial List.

The court's reasoning was based on the interpretation of the relevant statutory provisions and the need for a trial to determine the facts. The court varied the specific performance order to allow for the plaintiff's claim to be maintained. It also directed the plaintiff to file a statement of claim and placed the proceeding back on the Commercial List to ensure proper conduct of the case. The orders reflected the court's determination that the matter required further investigation and that the issues raised were not suitable for resolution on the existing evidence. The costs of the applications filed on 2 February 2011 were also awarded to the plaintiff.