Queensland court blocks developer's sunset clause exit

The Supreme Court of Queensland ruled that developer Chevron Apartments Pty Ltd cannot use sunset clauses to cancel off-the-plan buyer contracts, marking a landmark victory for purchasers. The court declared three buyer contracts valid and binding. Justice Paul Freeburn found the contracts' Clause 10.2, stating the developer "must" settle by the sunset date, created a strict mandatory deadline. He rejected the developer's pandemic disruption claims and arguments about body corporate levy increases, ruling the developer could not benefit from its own breach. The ruling adds to a nationwide crackdown on developers misusing sunset clauses, following a $6.1 million penalty against another Queensland developer in 2025 and similar New South Wales decisions. The matter was adjourned for cost submissions.