By Brett Bolton, Special Counsel; Peter
Travers
A recent Supreme Court of Queensland decision is a timely
reminder of the serious consequences of making misleading or
deceptive representations during pre-contractual negotiations.
In a tight property market where it can be a struggle to sell
properties off-the-plan, it's important that if developers
express opinions or make predictions or forecasts about future
events, they have reasonable grounds for doing so.
Here, special counsel Brett Bolton and solicitor Peter Travers
review the facts of Nifsan Developments v Buskey &
Anor and outline what developers and their agents can learn
from this case.
Key points
- In Nifsan Developments Pty Ltd v Buskey & Anor
[2011] QSC 314, the court found that the developer was guilty of
misleading and deceptive conduct after its agent confirmed that the
buyers of a unit would have unrestricted views from that unit, when
in fact the developer had applied for approval to build
