In Brightman & Ors v Royal Pines Projects Pty Ltd (No 2) [2024] QSC 150, the Supreme Court of Queensland considered a dispute arising from contracts for the sale of off-the-plan apartments. The applicants sought declarations regarding their right to access the property for valuation purposes to secure financing prior to the stipulated settlement date. The Court found that there was an implied duty of cooperation within the contracts, requiring the respondent to permit such access within a reasonable timeframe upon request. The respondent had failed to facilitate this access, delaying the applicants' ability to obtain necessary valuations. Consequently, the Court declared that the respondent could not call for completion of the contract on the specified date, restrained the respondent from terminating the contracts due to the applicants' failure to settle, and ordered the respondent to pay the applicants’ costs.
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