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We are not alone - Judge "confused" by PAMDA

Justice Fryberg of the Queensland Supreme Court recently had to consider the contract/warning statement ordering and presentation provisions of s 365 in PAMDA.

This is what he had to say*:

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Peter Carter
Property & Leasing Partner

"On any view Section 365 is a confused mess. No construction of it can be devised which conforms with canons of interpretation and the accepted theory of the Law of Contract. It is impossible to define the statutory intent with any sense of confidence."

Justice Fryberg sums up the frustration felt by so many agents and lawyers when he went on to say:

"Form triumphs over substance. Unless the magic words are written or the magic spell is cast the Buyer is not bound. Well may it laugh at the Seller who failed to learn all the details of the PAMDA Book of incantations."

It's comforting to know we are not alone on this!

* Hedley Commercial Property Services Pty Ltd –V- BRCP Oasis Land Pty Ltd

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