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Goldtaper Pty Ltd & Ors v Berela Ltd [2001] QCA 564 - QCA 2001 case summary — Zoe

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QLDQCA

Goldtaper Pty Ltd & Ors v Berela Ltd [2001] QCA 564

[2001] QCA 564

Court of Appeal (Qld)|2001-12-14|Before: Davies and Thomas JJA and Cullinane JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made

View original source

At a glance

Source facts

Court

Court of Appeal (Qld)

Decision date

2001-12-14

Before

Davies and Thomas JJA and Cullinane JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made

Catchwords

CONTRACT - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION
OF CONTRACTS - IMPLIED TERMS - TERMS ESSENTIAL TO ENABLE
PERFORMANCE - where
contract for sale of land to builder developer - external road works required

Source

Original judgment source is linked above.

Catchwords

CONTRACT - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATIONOF CONTRACTS - IMPLIED TERMS - TERMS ESSENTIAL TO ENABLEPERFORMANCE - wherecontract for sale of land to builder developer - external road works requiredfor proposed development - negotiationsfor sale of land conducted in contextthat contribution to external road works may be imposed by council on a per lotbasis - wherespecial conditions in contract acknowledging that relaxation ofpreviously proposed amount for road contribution may be sought andproviding forthat event - where clause premised only upon vendors' success in negotiationrelaxation - where purchaser in fact negotiatedthe relaxation - where competingconstructions placed upon clause intended to avoid occurrence of windfall profitto purchaser -where factual context accordingly relevant to proper constructionof the clause - where application by purchaser for relaxation preventedvendors

from performing part of the contract - whether implied term that relaxation be

obtained within a fixed time - whether breach

of fundamental implied term that

neither party will do anything to prevent the other from performing the

contractCONTRACT - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND

INTERPRETATION OF CONTRACTS - OTHER MATTERS - where factual context relevant

to

proper construction of contractCONTRACT - GENERAL CONTRACTUAL PRINCIPLES

- DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - OTHER MATTERS - breach

of fundamental

implied termCodelfa Constructions Pty Ltd v State Rail

Authority of NSW (1982) 149 CLR 337, referred toMarshall v Colonial

Bank of Australia [1904] ArgusLawRp 86

(1904) 1 CLR 632, referred toSecured Income Real

Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 569,

applied

Judgment

Judgment text is temporarily unavailable while the source document is re-fetched.

Parties

Applicant/Plaintiff:

# Goldtaper Pty Ltd & Ors

Respondent/Defendant:

Berela Ltd \[2001\] QCA 564

Cases Cited (3)

(1982) 149 CLR 337

(1904) 1 CLR 632

(1979) 144 CLR 569