Lewis v The Australian Capital Territory

The High Court of Australia considered an appeal by Lewis against the Australian Capital Territory. The dispute concerned the validity of a notice issued under section 12 of the *Civil Law (Sale of Residential Property) Act 2003* (ACT) (the Act), which required the vendor to disclose certain information about a property before it was sold. Lewis had purchased a property in the ACT and subsequently sought to terminate the contract, alleging a breach of section 12 of the Act by the vendor. The primary issue was whether the notice provided by the vendor complied with the disclosure requirements of the Act.

The High Court was required to determine whether the notice issued by the vendor satisfied the requirements of section 12 of the Act, specifically concerning the disclosure of information relating to the property. This involved an interpretation of the statutory language to ascertain the scope and nature of the information that must be disclosed to render a notice valid and prevent a purchaser from terminating a contract for sale. The court also considered the consequences of a defective notice, including whether it rendered the contract voidable at the purchaser's election.

The Court held that the notice provided by the vendor did not comply with the requirements of section 12 of the Act. The majority reasoned that the purpose of section 12 was to ensure that purchasers received specific and relevant information about a property before entering into a contract. The notice in question failed to provide adequate detail regarding the matters it purported to address, rendering it insufficient to satisfy the statutory obligation. Consequently, the purchaser was entitled to terminate the contract. The appeal was dismissed.