Vendor lived in Queensland and was represented by a Victorian lawyer.
Vendor's representation had prejudice against purchaser due to conflicts from previous dealing 2020
Vendor could not provide clear title by settlement when he signed the contract
Vendor did not have the right to sell the land when he signed the contract
Vendor did not disclose violence on the property when he signed the contract
Vendor issued Section 32 missing outgoings
Vendor dated purchaser's signature incorrectly
Vendor left purchaser's name blank on Section 32
Vendor did not provide clear title by settlement
Vendor did not remedy Section 32 outgoings by settlement
Vendor did not disclose sheriff's quarantine by settlement
Vendor unreasonably obstructed licence to occupy before settlement
Vendor caused purchaser's conveyancer to resign 6 days before settlement
Selling agent transferred deposit to vendor trust while vendor could not provide clear title
Purchaser did not receive particulars of vendor's mortgage to her sight
Purchaser was ready and prepared to pay on settlement
At no time had the purchaser breached contract prior to settlement
Purchaser did not issue a default notice
Purchaser stated her position as "contract void" due to overwhelming breaches and non-disclosure
Purchaser asked for refund of deposit
Purchaser offered no financial claim against vendor if he refunded her deposit
Vendor denied refund
Vendor set new settlement date with 2 days notice for purchaser to complete
Vendor breached purchaser's right to inspect the property 7 days prior to new settlement
Vendor did not remedy section 32 outgoings by new settlement
Vendor did not remedy false dates on contract by new settlement
Vendor did not enter purchaser's name on Section 32 by new settlement
Vendor did not disclose information relating to purchaser's safety by new settlement
Vendor did not remedy purchaser's right to inspect property 7 days prior to settlement
Purchaser did not complete
Selling agent disclosed to purchaser that the property had previously been under sheriff's quarantine
Vendor sent legal threats
Vendor issued default notice
Outcome
Vendor breached contract
Purchaser received refund of deposit