Sale of Lots -Disclosure Statements

CONVEYANCNG – BREACH OF CONTRACT FOR SALE AND REMEDIES – PURCHARSER’S REMEDIES – BREACH OF VENDOR’S STATUTORY DISCLOSURE OBLIGATION OR STATUTORY WARRANTY – where the appellant purchased a property in a community titles scheme – where the appellant claims breach of contract and damages on the basis that the respondents breached their disclosure obligations imposed on them pursuant to the Body Corporate and Community Management Act 1997(Qld) – where the appellant alleged that the respondents failed to disclose: planned roadworks for the estate, that the security monitoring system had been decommissioned , that the sign regarding the security system was misleading and the true nature of the fence surrounding the property – where the learned Magistrate dismissed the appellant’s claims at first instance – whether the respondents breached their disclosure obligations to the appellant – whether the learned Magistrate erred in her reasoning and/or denied the appellant natural justice and procedural fairness at first instance.

Royce v Phillis & Anor [2020] QDC 302 (27 November 2020)