Thillagaratnam v Doan (2022) WASC 185

This case focussed on Seller disclosure and whether a Seller of a lot had a duty to inform a purchaser about the presence of an upstairs neighbour, who had a history of disruptive and anti-social behaviour. 

The sale contract incorporated clause 10.2(c) of the General Conditions, which is a warranty by the Sellers that they were not aware ‘of anything which [would] materially affect the Buyer’s use or enjoyment of the Strata Lot or the common property in the Strata Scheme’.

The Court found that the Sellers were aware of the neighbour’s conduct, and they were aware from their own experience, that such conduct would materially affect the Buyer’s use or enjoyment of the property.

The Court further held that on the facts, the Seller’s failure to disclose their knowledge of the neighbour’s conduct constituted fraudulent misrepresentation.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/2022/185.html