Queensland Judgments
Menniti & Ors v Winn & Anor
[2008] QCA 066 (07/7475) Brisb Keane JA Muir JA Fraser JA 28/03/2008
Catchwords
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – RULES OF CONSTRUCTION – WORDS TO BE GIVEN LITERAL AND GRAMMATICAL MEANING – where s 206 of the Body Corporate and Community Management Act 1997(Qld) requires that a seller of a lot in a community titles scheme provide a disclosure statement – where the appellants argued a different construction to s 206 from that of the primary judge – whether the appellants’ construction was consistent with the grammatical or literal meaning of the words of s 206
STATUTES – ACTS OF PARLIAMENT – ENFORCEMENT OF STATUTORY RIGHTS AND REMEDIES – BREACH OF STATUTORY DUTY – IN GENERAL – where the appellants purported to terminate a sale of land contract due to alleged breaches of s 206 of the Body Corporate and Community Management Act 1997 (Qld) – whether there was non- compliance with s 206 by the respondents entitling the appellants to terminate the contract pursuant to s 206(7) of the Act
