Entertainment Premises Control Act - Property Law - Law Assignment

Entertainment Premises Control Act

Internal Code: MAS5769 Case Study: Magistrate Oneton is presiding over a difficult matter in the Brisbane Magistrates Court. Ben Harmon is suing Victorian Mansion Realtors for $140,000 in damages, for failing to disclose that several murders had been committed in the house that the Harmon family had recently purchased. The last murder committed in the house was in 1962. You may assume that a real estate agent’s obligation to inform a purchaser of any unnatural deaths on a property is governed by the common law. Questions:

• Tate v Violet Real Estate a 2003 decision of the Queensland District Court. In this case, the District Court judge ruled that a real estate agent was under no obligation to inform purchasers of previous deaths on the property.
• Constance Brick Homes v Larry, a 2009 decision of the High Court of Australia, on appeal from the New South Wales Court of Appeal. Prior to being appealed to the High Court, the New South Wales Court of Appeal had unanimously held that a real estate agent has a duty to fully disclose any unnatural deaths that have occurred on a property. Due to a conflict of interest, the High Court of Australia sat with six justices. The High Court was split 3 – 3 in its ultimate decision.
• Moira v Racey Home Help Agency, a 2010 decision of the Victorian Court of Appeal, which followed the High Court decision of Constance Brick Homes v Larry and held that a realtor must fully disclose the details of any unnatural deaths on a property.
• Vivien v Hayden House Trip, a 2011 decision of the Queensland Court of Appeal that expressly followed the decision reached by the High Court in Constance Brick Homes v Larry.
• Shacath v Dark Angel Homes, a 2017 decision of the Queensland Court of Appeal. In this case, the Court of Appeal refused to follow the precedent reached in Vivien v Hayden House Trip on the basis that it was wrongly decided. The Court of Appeal refused to follow the decision in Moira v Racey Home Help Agency for the same reason. The Court of Appeal referred to the High Court decision of Constance Brick Homes v Larry, but did not feel compelled to follow the decision, as no majority verdict was present in that case.