In Royal Pines Projects Pty Ltd v Brightman [2024] QCA 147, the Court of Appeal of Queensland reviewed a decision regarding a dispute arising from contracts for the sale of apartments "off the plan." The case involved multiple respondents who, upon receiving a notice for settlement from the appellant developer, requested access to the apartments for valuation purposes necessary for securing financing. The court found that the appellant failed to respond reasonably to these requests, hindering the buyers' ability to meet the settlement date. The primary judge had implied a term in the contract obligating the seller to cooperate with the buyer, which the appellant breached by delaying access. Consequently, the appeal was dismissed, and the court upheld the orders for declaratory and injunctive relief to ensure the buyers were given a fair opportunity to complete their financing arrangements.
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