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ARTICLE · 26 SEPTEMBER 2017

The sun sets on test case on sunset clauses in NSW

Kemp Strang Lawyers
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The legislation was introduced to prevent developers intentionally delaying registration of plans past the sunset date.

AustraliaReal Estate and Construction
Sarina Roppolo
Sarina Roppolo
Jacob Rodgers
Jacob Rodgers
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Kemp Strang recently acted in an important case on the new laws relating to sunset clauses under off the plan contracts for sale. The case settled during the course of the final hearing. The matter was set to be only the second case to examine the ground-breaking laws that now require a developer to seek the Court's permission to rescind off the plan contracts for the sale of apartments under the sunset date.

The case was a large and complex piece of litigation involving two plaintiffs being the developers and 18 defendants being purchasers who entered into off the plan contracts for sale with the developers in relation to a development in Surry Hills. Kemp Strang acted for some of the purchasers.

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