Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 70A

70A Computers inoperative on day for completion

(1) This section applies if—

(a) a contract for the sale of land does not provide otherwise; and

(b) time is of the essence of the contract; and

(c) the purchaser under the contract, without default on the purchaser’s part, can not, on the date for completion of the contract, verify the vendor’s title because computers in the relevant office of the land registry under the Land Title Act 1994 are inoperative for any reason.

(2) Time ceases to be of the essence of the contract.

(3) The vendor is taken—

(a) not to have proved title to the land; and

(b) not to be in breach of the contract only because of the failure to prove title at that time.

(4) The vendor or purchaser may give a written notice to the other party to the contract to complete the sale.

(5) The notice must state—

(a) that the computers are again fully operational; and

(b) a period of days, of not more than 7 business days, from the day the notice is given for completion of the sale.

(6) The notice may be given no earlier than the day after the first continuous day of operation of the computers after computer operation is fully restored.

(7) From a party’s receipt of the notice, time is again of the essence of the contract.