Catchwords:
REAL PROPERTY – Conveyancing – Section 32 statement – Gazettal of threatened species and ecological communities by Commonwealth Minister for Environment – Referral of development application to Minister for approval – Whether gazetted instruments and documents concerning development application under Commonwealth environmental legislation required to be contained in section 32 statement – Whether purchaser entitled to rescind contract – Whether any contravention ought reasonably be excused – Environment Protection and Biodiversity Act 1999 (Cth) ss 18, 67– 72, 74, 75, 77, 130, 131AA, 133, 170A, 178, 181, 184, 194; Sale of Land Act 1962 (Vic) ss 32, 32D, 32K.
REAL PROPERTY – Caveat – Claim for compensation for lodging caveat without reasonable cause – Whether honest belief based on reasonable ground for caveatable interest – Where question of whether reasonable grounds existed was dependent on issues to be determined in the proceeding – Transfer of Land Act 1958 (Vic) s 118.
STATUTORY INTERPRETATION – Legislative intention – Disclosure required by section 32 of the Sale of Land Act 1962 (Vic) – Legislative history of section 32 – Meaning of ‘directly and currently affecting’ land – Whether State Parliament intended references to ‘public authority’ to include Commonwealth authorities – Interpretation of Legislation Act 1984 (Vic) s 48.
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