The meaning of 'material prejudice'


Autoria(s): Dixon, William M.
Data(s)

01/09/2010

Resumo

As dictated by s 213 of the Body Corporate and Community Management Act 1997 (Qld), the seller of a proposed lot is required to provide the buyer with a disclosure statement before the contract is entered into. Where the seller subsequently becomes aware that information contained in the disclosure statement was inaccurate when the contract was entered into or the disclosure statement would not be accurate if now given as a disclosure statement, the seller must, within 14 days, give the buyer a further statement rectifying the inaccuracies in the disclosure statement. Provided the contract has not been settled, where a further statement varies the disclosure statement to such a degree that the buyer would be materially prejudiced if compelled to complete the contract, the buyer may cancel the contract by written notice given to the seller within 14 days, or a longer period as agreed between the parties, after the seller gives the buyer the further statement. The term ‘material prejudice’ was considered by Wilson J in Wilson v Mirvac Queensland Pty Ltd.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/42418/

Publicador

Lawbook Company/Thomson Legal & Regulatory

Relação

http://eprints.qut.edu.au/42418/2/42418.pdf

http://www.thomsonreuters.com.au/catalogue/productdetails.asp?id=1209

Dixon, William M. (2010) The meaning of 'material prejudice'. The Queensland Lawyer, 30(3), pp. 100-101.

Direitos

Copyright 2010 Lawbook Company

Fonte

Faculty of Law; School of Law

Palavras-Chave #180124 Property Law (excl. Intellectual Property Law) #s 213 of the Body Corporate and Community Management Act 1997 #disclosure statement #material prejudice
Tipo

Journal Article