Hannah v TW Hedley (Investments) Pty Ltd

The appellants, Hannah, bought units "off the plan" as part of a community titles scheme. The developer, TW Hedley (Investments) Pty Ltd, did not settle on the agreed date. The dispute centred on whether the contract was non-compliant with s 212 of the Body Corporate and Community Management Act 1997 (Qld) and if the appellants were entitled to terminate the contract as a result. The Supreme Court of Queensland considered the matter, and the appeal was subsequently lodged with the Court of Appeal.

The court had to determine if the primary judge was correct in interpreting s 212 of the Act. The primary judge held that it was sufficient for the contract to fix a settlement date based on notification of events that cover the constituent steps for the establishment of the community titles scheme. The appellants argued that the contract's failure to comply with s 212 entitled them to terminate the contract before settlement. The appeal hinged on the proper construction and application of the statutory provision.

The Court of Appeal found no error in the primary judge's interpretation of s 212. It held that it was sufficient for the contract to fix a settlement date based on notification of events that cover the constituent steps for the establishment of the community titles scheme. The court found that the contract complied with the statutory requirements and that the appellants were not entitled to terminate the contract prior to settlement. Consequently, the appeal was dismissed, and the appellants were ordered to pay the respondent's costs of and incidental to the appeal.