SUPREME COURT OF QUEENSLAND
CITATION:
Williamson and Ors v JIA Holdings Pty Ltd and Ors [2011] QSC 84
PARTIES:
JEFFREY JAMES WILLIAMSON & ANOR
(Plaintiffs)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)STEPHEN ASHLEY COOPER & ORS
(Plaintiffs)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)MARK CLINTON CRASWELL
(Plaintiff)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)KERRY ALLAN SHORT & ANOR
(Plaintiffs)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)GEOFFREY WILLIAM BARRITT & ANOR
(Plaintiffs)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)GREGORY KEITH OLIVE & ANOR
(Plaintiffs)and
JIA HOLDINGS PTY LTD ACN 099 049 822 as trustee for the JIA UNIT TRUST & ANOR
(Defendants)FILE NO/S:
BS 5987 of 2005, BS 5989 of 2005, BS 5990 of 2005, BS 5991 of 2005, BS 5992 of 2005 and BS 5993 of 2005
DIVISION:
Trial Division
PROCEEDING:
Declaratory Relief (Claim)
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
Friday, 15 April 2011
DELIVERED AT:
Brisbane
HEARING DATE:
17 February 2011, 18 February 2011, 21 February 2011, 22 February 2011
JUDGE:
Boddice J
ORDER:
Each of the plaintiffs’ claims is dismissed
CATCHWORDS:
CONVEYANCING – THE CONTRACT AND CONDITIONS OF SALE – SALE OF PROPOSED LOT – BREACH OF EXPRESS PRECONDITION OF CONTRACT – TIMELY REGISTRATION OF COMMUNITY TITLE SCHEME – VENDOR'S OBLIGATIONS – Where plaintiffs allege the contract required the vendor to do everything reasonably necessary to have the plan constructed and registered – whether the vendor used its best endeavours in carrying out those tasks
Body Corporate and Community Management Act 1997 (Qld)
Earle Cameron (Industrial) Pty Ltd v Comprador Properties Pty Ltd (1986) NSW ConvR 55-305
Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41
Joseph Street Pty Ltd and Ors v Khay Tea Tan and Ors [2010] VSC 586
Masters v Belpate Pty Ltd (2001) NSW ConvR 55-988
COUNSEL:
Myers, RA for the 1st – 6th plaintiffs
No legal representation for the defendants
SOLICITORS:
Baker O’Brien Toll for the 1st – 6th plaintiffs
No legal representation for the defendants
[1] By contracts in writing entered into by each of the plaintiffs in or about September 2003, the plaintiffs agreed to purchase a unit in a building unit development proposed to be built by the first defendant at The Esplanade, Bargara Beach in the State of Queensland, which was to be known as “Synergy The Esplanade Bargara Beach”, and be registered as a community title scheme pursuant to Body Corporate and Community Management Act 1997 (Qld) (“the Act”).
[2] By claims filed in or about July 2005, the plaintiffs seek to recover damages for breach of those contracts arising out of…
Keep reading for free
Create a free CaseChat account to read Williamson v Jia Holdings Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] QSC 84
- Decision Date
CaseChat Overview and Summary
The court examined the express terms of the contract and found that the vendor's obligations were clearly defined and included a duty to use best endeavours in achieving the registration of the community title scheme. The court held that the vendor had not breached the contract as the plaintiffs had not provided sufficient evidence to establish that the vendor's efforts were insufficient. The court found that the vendor had acted diligently and in accordance with the obligations outlined in the contract. The plaintiffs' claims were dismissed as the court found that the vendor had fulfilled its contractual obligations and had not breached any express preconditions.
The court's decision was based on the lack of evidence from the plaintiffs to prove that the vendor had not used its best endeavours to complete the registration process. The court found that the vendor had made reasonable and diligent efforts to ensure the registration was achieved. The court concluded that the vendor's actions were consistent with the contractual obligations, and therefore the plaintiffs' claims were dismissed. The orders of the court were that each of the plaintiffs' claims is dismissed.
Orders
Orders of the court
Each of the plaintiffs’ claims is dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.