Special Projects (Qld) Pty Ltd v Simmons

[2012] QCA 205

SUPREME COURT OF QUEENSLAND

CITATION:

Special Projects (Qld) Pty Ltd v Simmons [2012] QCA 205

PARTIES:

SPECIAL PROJECTS (QLD) PTY LTD
ACN 010 306 313
(appellant)
v
MICHAEL SIMMONS AS TRUSTEE FOR THE FATE TRUST
(respondent)

FILE NO/S:

Appeal No 463 of 2012
SC No 10248 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

10 August 2012

DELIVERED AT:

Brisbane

HEARING DATE:

17 July 2012

JUDGES:

Chief Justice, Fraser JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. That the appeal be allowed;

2. That the declarations and orders made on 20 December 2011 be set aside;

3. That the respondent pay the appellant’s costs of and incidental to the application and appeal, to be assessed on the standard basis.

CATCHWORDS:

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WHOLE ACT TO BE CONSIDERED – where appellant and respondent entered a put and call option deed granting the respondent the right to purchase two lots – where those lots had been partially resumed and had vested in the Crown – where that resumption had been acknowledged by the parties – whether the Land Sales Act 1984 applies to a contract for the sale of land part of which has been resumed under the Acquisition of Land Act 1967

Acquisition of Land Act 1967 (Qld), s 12, s 12A
Acts Interpretation Act 1954 (Qld), s 14A, s 32A
Land Sales Act 1984 (Qld), s 2, s 5, s 6, s 8, s 9
Land Title Act 1994 (Qld), sch 2
Sustainable Planning Regulation 2009 (Qld), sch 19, sch 26

CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2, followed
Conde v Gilfoyle[2010] QCA 109, cited
Francis v NPD Property Development Pty Ltd [2005] 1 Qd R 240; [2004] QCA 343, cited
Luke v Inland Revenue Commissioners [1963] AC 557, cited
R v Young (1999) 46 NSWLR 681; [1999] NSWCCA 166, cited
Three Pty Ltd v Body Corporate for Savoir Faire Community Titles Scheme 3841 [2008] 2 Qd R 568; [2008] QCA 167, cited
Wentworth Securities Ltd v Jones [1980] AC 74, applied

COUNSEL:

D Gore QC for the appellant
K Fleming QC for the respondent

SOLICITORS:

Phil Shakespeare for the appellant
Short Punch & Greatorix for the respondent

1. CHIEF JUSTICE: The fundamental issue in the appeal is whether the avoidance and termination provisions of the Land Sales Act 1984 apply to a contract for the sale of land part of which has been resumed under the Acquisition of Land Act 1967.

1. On 18 March 2011, the appellant and the respondent executed a put and call option deed in relation to Lots 170 and 171 bordering Surfers Paradise Boulevard at Surfers Paradise.  It granted the respondent an option to purchase, to be exercised by 8 February…