Subdivision PermitAgreement of SaleRegional Town and Country Planning ActNullityRevocation
Tags
Property LawContract LawStatutory Compliance
legislation
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ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the agreement of sale was lawful, valid and binding despite lapsed subdivision permit","issue_type":"mixed","dispositive":"yes","related_facts":"Permit lapsed July 2002; agreement concluded September 2005; purported extension December 2005"}
{"issue_text":"Whether plaintiffs lawfully tendered the purchase price","issue_type":"law","dispositive":"no","related_facts":"Tender made November 2006 for Z$260,000 instead of Z$263,412,500"}
{"issue_text":"Whether plaintiffs are entitled to eviction order","issue_type":"mixed","dispositive":"no","related_facts":"Defendants ferried bricks onto property; denied physical occupation"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiffs sold a subdivided portion of their property to defendants in September 2005. Unknown to both parties, the subdivision permit had lapsed in July 2002 for failure to lodge documents with Surveyor-General within 12 months as required. Defendants paid full purchase price and attempted to retrospectively extend the permit in December 2005. Plaintiffs later discovered the permit had lapsed and tendered refund, claiming agreement was null and void. Defendants refused refund and claimed permit was validly extended.
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