Commercial property law — Checklist for procedure for application (Vendor and Purchaser Summons (Tas))

Introductory note:
The Tasmanian contract for the sale of land and the standard auction particulars and conditions of sale do not contain specific clauses under which claims for compensation or other claims can be made, relying instead on the common law. Section 39 of the Conveyancing and Law of Property Act 1884 (Tas) gives the right to apply in a summary way to a judge in chambers in respect of any requisitions, objections, claims for compensation or other questions arising from or connected with the contract but not one which affects the existence or validity of the contract. Such an application is made by way of an originating application or summons and is known as a vendor and purchaser summons.

How to use this checklist:
This checklist enables the user to determine if the vendor and purchaser summons is the appropriate tool for the determination of isolated points of dispute between the parties which arise out of the contract.

Other notes:
There are three limitations on jurisdiction with a vendor and purchaser summons:
•	the court will not decide questions affecting the existence or validity of the contract in the summary proceeding;
•	the court will not decide difficult questions of construction; and
•	where there are disputed questions of fact, questions of fraud or complicated issues.

Links to related content:
See Tasmania — Claims for compensation and other claims under the contract for sale of land.