What’s in a name : Is there a right to terminate a contract for purchase of a unit if the name changes?
Christensen, Sharon A. (2012) What’s in a name : Is there a right to terminate a contract for purchase of a unit if the name changes? Australian Property Law Bulletin, 26(10), pp. 153-156.
The significance of the proposed name of a building to buyers of units off the plan has received recent attention in Queensland and the ACT with differing results. In Gough v South Sky Investments Pty Ltd the Queensland Court of Appeal concluded that the name of the building was not an essential term of the contract and rejected a claim by a number of buyers to terminate their contracts because of the change of name from Oracle to Peppers. In contrast, Rares J in the Federal Court decision of Madison Constructions Pty Ltd v Empire Building Group (ACT) Pty Ltd considered that the name of the building in a proposed development could potentially form the basis of misleading conduct about the association of the seller with a particular development corporation.
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|Item Type:||Journal Article|
|Keywords:||contract law, property law, building name|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2012 Lexis Nexis|
|Deposited On:||03 Feb 2013 23:32|
|Last Modified:||03 Feb 2013 23:32|
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