Real Estate and Projects (37)

In the recent NSW case of Lianghong Mei v West Apartments Pty Ltd [2011] NSWSC 662, Gzell J dealt with a vendor seeking to rely on an expiration of time to terminate a contract.

Following a case heard by the Supreme Court of Queensland, Vendor’s should be aware of when therisk for dwelling houses which have become substantially unfit for occupation, for example as a result of natural disasters such as the recent Queensland floods,passes to the purchaser.

As a result of the commencement of the Disability (Access to Premises_ – Buildings) Standards and the simultaneous amendments to the Building Code of Australia from 1 May 2011 increased obligations can arise for building owners and occupiers carrying out building work (or applying for a construction certificate or complying development certificate after 1 May 2011) to meet disability access standards.

The recent decision of the Federal Court of Australia in Australian Competition and Consumer Commission (ACCC) v Dukemaster Pty Ltd [2009] FCA 682 is the first time that a landlord under a retail lease has been found to have engaged in conduct that was unconscionable in contravention of section 51AC of the Trade Practices Act 1974 (Cth) (TPA).