The plaintiff (purchaser) entered into a business purchase agreement with the defendants (sellers).
The business purchase agreement provided for certain monies that were owing at the time of the purchase of the business to be reimbursed by the seller to the purchaser.
Three years after the sale of the business, the plaintiff sought to recover under the business purchase agreement an infrastructure charge owing to the Whitsundays City Council over land that was the subject of the business purchase agreement.
Porter DCJ held that the notice imposing the infrastructure charge was not invalid and the sellers were liable under the business purchase agreement to reimburse the purchaser for the charge.
Sarah Spottiswood (with Mark Martin QC) appeared for the first to seventh defendants instructed by Mills Oakley.
The judgment is published here.
