In Brightman & Ors v Royal Pines Projects Pty Ltd [2024] QSC 149, the Supreme Court of Queensland addressed the issue of buyer access to newly completed apartments for valuation purposes prior to settlement. The applicants, who purchased apartments "off the plan" in the respondent's development, required access for valuers to facilitate the finance necessary to complete their purchase. However, the respondent delayed granting access, issuing a settlement notice on the same day access was first requested and only providing access a week later, amidst ongoing construction works.
Justice Applegarth found that the respondent breached an implied duty to cooperate, essential for the applicants to obtain finance and complete the contracts. The court concluded that the respondent's conduct hampered the buyers' ability to settle on the nominated date of 16 July 2024. The respondent’s actions, which frustrated the buyers' performance of their contractual obligations, precluded the respondent from enforcing the settlement on that date. Consequently, the court declared that the respondent was not entitled to insist upon a 16 July 2024 settlement and indicated that suitable injunctive relief to protect the buyers' interests would be considered.