12 May 2010
KEVIN DAVID CARLIN, AS TRUSTEE OF THE KEVIN CARLIN QUEENSLAND TRUST V PAUL ALBERT ARTHUR DOLHEGUY, CLAIRE BERNIE DOLHEGUY AND RICHARD HENRY DIGBY NEAVE, AS TRUSTEES OF THE PAA DOLHEGUY FAMILY TRUST HC CHCH CIV-2009-409-002082
- Citation
- openlaw-1ed86be6_0601_4f0b_bd9e_7594c76c31f1.pdf
- Court
- High Court
The consent notice's maintenance obligations materially and detrimentally affected an owner's enjoyment of lot 14 and, because those obligations were not known or reasonably discoverable by the purchasers before contracting, the purchasers had reasonable grounds under clause 19 to cancel; by contrast, the landscape alterations (removal of two maytenus trees and limited shrub removal) did not give reasonable grounds for cancellation under clause 22; accordingly the purchasers' cancellation is upheld and the plaintiff's claim for specific performance fails.