CONTRACT OF SALE OF REAL ESTATE Property - realestateVIEW ...

CONTRACT OF SALE OF REAL ESTATE
Property: 161 Sydney Road, Coburg
(VDF:SL:4640)
IMPORTANT NOTICE TO PURCHASERS
Cooling-off period Section 31, Sale of Land Act 1962
If none of the exceptions listed below applies to you, you may end this contract within 3 clear
business days of the day that you sign the contract.
To end this contract within this time, you must either give the Vendor or the Vendor's Agent written
notice that you are ending the contract, or leave the notice at the address of the Vendor or the
Vendor's agent.
If you end this contract in this way, you are entitled to a refund of all the money you paid EXCEPT for
$100.00 or 0.2% of the purchase price (whichever is more).
EXCEPTIONS - The 3-day cooling-off period does not apply if -
You bought the property at or within 3 clear business days before or after a publicly advertised
auction
You received independent advice from a solicitor before signing the contract
The property is used mainly for industrial or commercial purposes
The property is more than 20 hectares in size and is used mainly for farming
You previously signed a similar contract for the same property
You are an estate agent or a corporate body.
The conditions of this contract are contained in the attached -
Particulars of Sale;
Schedule;
General Conditions; and
Special Conditions (if any).
The Vendor sells and the Purchaser buys both the property and the Chattels for the price and upon the
conditions set out in this contract.
The Vendor's Statement required by Section 32(1) of the Sale of Land Act 1962 is attached to, and
included in, this contract.
Where the signature of any party to this contract is secured by an agent, the parties acknowledge being
given a copy of this contract by the agent at the time of signing.
............................................................................................................................................................ Vendor
....................................................................................................................................................... Purchaser
Suite 304
89 High Street
Kew VIC 3101
De Fazio & Co.
Lawyers
T 9482 6288
All correspondence to: F 94824435
P.O. Box 344, Ascot Vale VIC 3032 E defaziolaw@optusnet.com.au

GENERAL CONDITIONS ("GC")
Encumbrances
1.1 The Purchaser buys the property and the chattels subject to the encumbrances shown in ltem 1 of the
Schedule.
1.2 If the Purchaser is taking over an existing mortgage:-
(a) the Purchaser assumes liability for the mortgage;
(b) the price is satisfied to the extent of any mortgage money owing at the settlement date; and
(c) the Vendor must treat any payment made by the Purchaser under the mortgage as a payment made to
the Vendor under this contract.
Loss or Damage Before Settlement
2.1 The Vendor carries the risk of loss or damage to the property and the chattels until settlement.
2.2 The Vendor must deliver the property and the chattels to the Purchaser at settlement date in their present
condition (fair wear and tear excepted).
2.3 If any chattel is not in its present condition (fair wear and tear excepted) at settlement, the Purchaser is only
entitled to compensation from the Vendor.
Finance
3. If a lender is nominated in the Particulars of Sale this contract is subject to the lender approving the loan on
the security of the property by the approval date or any later approval date allowed by the Vendor. The
Purchaser may end the contract if the loan is not approved by the approval date only if the Purchaser:-
(a) has made immediate application for the loan;
(b) has done everything reasonably required to obtain approval of the loan; h
(c) serves written notice ending the contract on the Vendor on or before two business days after the
approval date, and;
(d) is not in default under any other condition of this contract when the notice is given.
All money must be immediately refunded to the Purchaser if the contract is ended.
Terms Contracts
4. If this is a "terms contract" as defined in section 2(1) of the Sale of Land Act 1962, then:-
(a) the Vendor must arrange the discharge of any mortgage affecting the land by the settlement date;
(b) all money payable under the contract must be paid to a duly qualified Legal Practitioner or a licensed
Estate Agent to be appl~ed towards discharging the mortgage;
(c) the Purchaser must pay interest to the Vendor from the settlement date upon the balance outstanding at
the rate, on the days, and with the adjustments set out in ltem 2 of the Schedule;
(d) the Vendor must apply instalments under this contract first to pay interest and then to reduce the
balance owing.
Nominee
5. If the contract says that the property is sold to a named Purchaser "andlor nominee" (or similar words), the
named Purchaser may, at least 14 days before settlement date, nominate a substitute or additional
Purchaser, but the named Purchaser remains personally liable for the due performance of all the Purchaser's
obligations under this contract.
Payment
6.1 The Purchaser must pay all money (except the deposit) to the Vendor, the Vendor's Solicitor or at the
direction of the Vendor.
6.2 The Purchaser must pay the deposit:-
(a) to the Vendor's Estate Agent or, if there is no Estate Agent, to the Vendor's Solicitor; or
(b) if the Vendor directs, into a special purpose banking account specified by the Vendor in the joint names
of the Purchaser and the Vendor.
6.3 If the land sold is a lot on an unregistered plan of subdivision then the deposit:-
(a) must not exceed 10% of the price; and
(b) must be paid:-
(i) to the Vendor's Solicitor or Estate Agent to be held by the Solicitor or Estate Agent on trust for the
Purchaser; or
(ii) if the Vendor directs, into a special purpose banking account in Victoria specified by the Vendor in
the joint names of the Purchaser and the Vendor
until the registration of the plan.
Breach
7. A party who breaches this contract must pay to the other party on demand:-
(a) compensation for any reasonably foreseeable loss to the other party resulting from the breach, and
(b) any interest due under this contract as a result of the breach.
Time
8. If the time for performing any action expires on a Saturday, Sunday or bank holiday, then time is extended
until the next business day.

General Conditions in Legislation
9.1 The general conditions in Table A of the Seventh Schedule of the Transfer of Land Act 1958 apply if the land
is under the operation of that Act.
9.2 The general conditions in the Third Schedule of the Property Law Act 1958 apply if the land is not under the
operation of the Transfer of Land Act 1958.
9.3 General Condition 9 in Table A or in the Third Schedule applies as if its second last sentence ended with the
additional words, "as a resident Australian beneficial owner of the land".
Conflict Between Conditions
10. In case of a conflict between the conditions the order of priority is:-
(a) any special conditions in this contract;
(b) general conditions in this contract;
(c) general conditions in legislation.
Conditions
11. These conditions prevail over the conditions in any earlier contract and any requisitions and answers
properly made and given under that contract are deemed to be requisitions and answers properly made and
given under this contract.
Service
12. Any document served by post is deemed to be served on. the next business day after posting unless proved
otherwise.
Transfer and Settlement
13.1 The Purchaser must provide the instrument of transfer required by General Condition 12 of Table A, or the
assurance required by the Third Schedule (as the case may be), to the Vendor or the Vendor's Solicitor at
least 10 days prior to the settlement date.
13.2 ~ t h c b n d w - b
Law lnstitute of Victoria Property Law Dispute Resolution Committee Guidelines
1. The Committee has been established to decide disputes relating to property law matters.
Where one party does not have a Solicitor representing them, the dispute cannot be heard until that party
instructs a Solicitor.
2. An agreed Statement of Facts must be signed by all parties and referring Solicitors and must include:-
2.1 A clear and concise statement of all the relevant agreed facts upon which the dispute is based. The
Committee is unable to make any decision unless the facts are agreed between the parties.
2.2 A copy of all relevant documents.
2.3 The issues, based on the agreed facts, to be decided by the Committee.
2.4 Applications for disputes to be decided by the Committee shall include an agreement by the referring
Solicitors and the parties to be bound by the Committee's decision on any question of law or practice.
3. Appl~cations in the appropriate form must be lodged with the Secretary of the Property Law Dispute
Resolution Committee Cl- the Law Institute of Victoria. The form may be obtained from the Property Law
Section of the Institute.
4. An administration fee of $100.00 for each referring Solicitor must be paid to the lnstitute when the application
is lodged.
5. The Committee's decision will be based upon the material contained in the Statement of Facts only.
In making its decision the Committee shall act as an expert panel and not as an arbitrator.
6. The Committee reserves the right:-
(i) to call for further and better particulars in order to make a decision.
(ii) to refuse to decide any dispute, in which case any fees will be refunded in full.
7. The Committee's written decision will be sent to the referring Solicitors within seven days of the dispute being
decided.

PARTICULARS OF SALE
VENDOR'S JP Just Properties Pty Ltd
ESTATE AGENT of 148 Sydney Road, Coburg 3058
Tel: 9385 0000 Fax: 9384 11 14 Ref: Maria Del Campo
VENDOR'S De Fazio & CO
SOLICITOR of Suite 304, 89 High Street, Kew, 3101
All correspondence to: P.O. Box 344, Ascot Vale, 3032
PURCHASER'S
SOLICITOR
VENDOR
PURCHASER
LAND
PROPERTY
ADDRESS
CHATTELS
PRICE
DEPOSIT
BALANCE
PAYMENT OF
BALANCE
SETTLEMENT
DATE
PURCHASER'S
FINANCE
DAY OF SALE
Tel: 9482-6288 Fax: 9482-4435 Ref: VDF:SL:4640
Tel: Fax: Ref:
LEFKAS BUILDERS PTY LTD (A.C.N. 007 169 002)
of 35 Queen Street. Reservoir 3073
The land in Certificate of Title Volume 3645 Folio 810
The property together with any improvements known as:
161 SYDNEY ROAD, COBURG
plus GST
plus GST
On the or earlier by agreement
Is the date upon which vacant possession of the property and chattels must be
provided, namely, upon acceptance of title and payment in full of the purchase
price
The day of

ITEM 1
(GC 1)
ITEM 2
Encumbrances -
SCHEDULE
* Any easements and covenants disclosed in this contract or the Vendor Statement.
*
(Include Schedule 1 particulars as specified in section 6(2) of the Sale
of Land Act 1962).

1. Definitions and interpretation
SPECIAL CONDI'TIONS ("SC")
1 .l This contract is to be interpreted according to the following rules, unless the context
requires otherwise.
1.2 An expression listed in column 1 has the meaning set out in column 2 opposite the
expression:
Column I Column 2
Expression Meaning
GST GST within the meaning of the GST Act..
GST Act
Table A
A New Tax System (Goods and Services Tax) Act 1999
(as amended).
Table A of the Seventh Schedule of the Transfer of Land
Act 1958.
Any expression which is given a meaning in the Particulars of Sale or in any
special condition has that meaning in this contract.
If an expression is defined, another part of speech or grammatical form of that
expression has a corresponding meaning.
The expressions "Vendor" and "Purchaser" include their respective executors,
administrators, successors and assigns.
One gender includes the others.
The singular includes the plural and vice versa.
Headings are included in this contract for convenience and ease of reference only
and are not to be taken into account in the interpretation or construction of the
contract.
References to any legislation or legislative provision includes any statutory
modi.l:ication or re-enactment of or any legislative provision substituted for and any
sub-ordinate legislation under, that legislation or legislative provision.
Land description
The Purchaser:-
(a) admits that the property as offered for sale and inspected by him is identical with
that described in the Particulars of Sale.
(b) is not entitled to make any requisition or claim any compensation for any alleged
misdescription of the property or deficiency in its area or measurements or to call
upon the Vendor to amend title or to bear all or any part of the cost of doing so.
Condition 3 of Table A does not apply to this contract.
Special Condifions - Page I

3. Restrictions on use
3.1 The Purchaser buys the property subject to all restrictions as to use including any
under the provisions of each applicable order, planning scheme, regulation or by-law
affecting the use of the property.
3.2 Restrictions as to use do not constitute a defect in the Vendor's title or affect the
validity of this contract and the Purchaser is not entitled to make any requisition or
objection or claim any compensation from the Vendor in respect of restrictions.
4. Sale of Land Act
4.1 The Purchaser acknowledges that, prior to signing this contract or any other document
relating to this sale, he received-
(a)
(b)
a copy of this contract; and
a Vendor Statement containing the particulars required by Section 32 of the Sale
of Land Act 1962 ("the Vendor Statement")
5. Damage prior to settlement
5.1 The Purchaser acknowledges and agrees that he:-
(a) has inspected the property and is satisfied with its condition as at the day of sale;
and
(b)
purchases the property sold in its present condition and state of repair and with
any defects, latent or patent, existing as at the day of sale.
5.2 If the property is not in its present condition and state of repair on the settlement date,
then subject to Section 34(1) of the Sale of Land Act 1962, the Purchaser has no right
to rescind this contract.
6. Entire aareement
6.1 There are no conditions or warranties or other terms of sale relating to the property
except as set out in this contract, the Vendor Statement and any implied by legislation.
6.2 Any other promise, condition, representation or warranty which may have been made
by or on behalf of the Vendor which is not set out in this contract is withdrawn and
ceases to apply.
7. Interest on sums due but unpaid
7.1 Condition 4 of Table A does not apply to this contract.
7.2 If either party defaults in payment of any money under this contract then interest at the
rate of 18 per cent per annum computed on the money overdue during the period of
default must be paid by the defaulting party on demand made by the offended party, in
addition to any other rights of the offended party.
Special Conditions - Page 2

8. Joint and several obligations
8.1 If there is more than one Purchaser, the obligations of the Purchaser under this
contract bind them jointly and each of them separately.
9. No Merger
9.1 The provisions of this Contract will not merge in the transfer of the property to the
Purchaser but continue to have full force and effect for as long as is necessary to give
10. General
proper effect to them, despite completion of this contract.
10.1 Condition 16 of Table A is to take effect as if the word "unendorsed" were inserted
immediately preceding the word "cheque".
10.2 Time is of the essence of this contract and remains of the essence in spite of any waiver
or indulgence given or granted by the Vendor to the Purchaser at any time or from time
to time.
10.3 No waiver by any party of a breach of this contract on the part of the other party
operates as a waiver of any other breach of this contract.
10.4 Each party must execute such further documents and do such further acts as may be
reasonably necessary to give effect to the terms of this contract.
10.5 Settlement must take place at the offices of the Vendor's solicitor or at such other
place in Melbourne as the Vendor's solicitor may direct.
11. Auction
11.1 The property is offered for sale by public auction, subject to the Vendor's reserve
price.
11.2 The Rules for the conduct of the auction shall be as set out in the Schedules to the
Sale of Land Regulations 2005 (or any rules prescribed by regulation which modify
or replace those Rules).
11.3 If an alternative version of any Rule is allowed by law, the version appearing in the
12. GST
auction rules made available by the auctioneer under S. 43 of the Sale of Land Act
1962 will apply.
12.1 This special condition only applies to supplies under this contract that are taxable
supplies under the GST Act.
12.2 The expression "price" when used in this contract is intended to have the meaning
ordinarily given to it and not the special meaning given to it by the GST Act.
In this special condition:
Special Conditions - Page 3

(a)
"Property" means the real property and chattels (if any) specified in the Particulars
of Sale:
(b) "Price" means the amount specified in the Particulars of Sale as the price of the
Property; it is expressed as a GST exclusive amount;
(c)
"Settlement Date" means the settlement date specified in the Particulars of Sale;
and
except where the contrary intention appears, expressions used in this special
condition have the meanings given to them in the GST Act
The Vendor warrants that the supply of the real property made under this contract is
not one which applies the margin scheme.
Except as provided in special condition 12.5 and where express provision is made to
the contrary, the consideration payable by a party for a taxable supply made by the
other party under this contract represents the value of the taxable supply for which
payment is to be made.
If this contract of sale requires a party to pay for, reimburse or contribute to any
expense or liability ("reimbursable expense") incurred by the other party ("payee") to a
third party, the amount to be paid, reimbursed or contributed will be the amount of the
reimbursable expense net of any input tax credit to which the payee is entitled in
respect of the reimbursable expense ("net expense").
Subject to special condition 12.7, if a party makes a taxable supply under this contract
for a consideration which represents its value by virtue of special condition 12.4 or the
net expense by virtue of special condition 12.5, then the party liable to pay for the
taxable supply must also pay the amount of any GST payable in respect of the taxable
supply as follows:
(a) in relation to the supply of the property - on the earlier of the Settlement Date and
the date on which a taxable supply of the property occurs; and
(b) in relation to any other supply - at the time the consideration for the supply is
payable.
A party is not obliged under special condition 12.6 to pay the GST on a taxable supply
to it, until that party is given a valid tax invoice for the supply.
Submission of Transfer
If the Purchaser fails to provide the instrument of transfer by the time stipulated in
General Condition 13.1, the Vendor is entitled to defer the completion of this contract
until ten (1 0) days from the date on which the Vendor receives the instrument of
transfer.
If the Vendor elects to defer the completion of this contract under this clause, the
Purchaser must, if required by the Vendor, pay interest from the settlement date until
the date upon which completion occurs.
Special Conditions - Page 4

Reauisitions on title
The Purchaser can only deliver requisitions in the form of the Requisitions and
Enquiries published by the Law Institute of Victoria (revised 2005).
The Vendor must provide answers to those requisitions but is not required to answer
any others.
The Purchaser must not deliver any further or additional requisitions unless they arise
out of the Vendor's answers to requisitions.
Stamp Duty
If there is more than one purchaser, it is the Purchasers' responsibility to ensure the
Contract correctly records at the date of sale the proportions in which they are buying
the property ("the proportions").
If the proportions recorded in the Transfer of Land differ from those recorded in this
Contract, it is the Purchasers' responsibility to pay any additional duty which may be
assessed as a result of the variation.
The Purchasers fully indemnify the Vendor, the Vendor's Agent and the Vendor's legal
practitioner against any claims or demands which may be made against any or all of
them in relation to any additional duty payable as a result of the proportions in the
Transfer of Land differing from those in this Contract.
This special condition will not merge on completion.
Vacant Possession and Withdrawal of Caveat
This contract is subject to and conditional upon:-
(a) the current occupier of the property vacating the property prior to settlement; and
(b) Caveat No. AF796322T being withdrawn prior to settlement or, alternatively, a
registrable withdrawal thereof being delivered at settlement.
The Vendor must use his best endeavours to procure that both conditions contained in
Special Condition 16.1 are satisfied by the settlement date, but nothing herein imposes
an obligation upon the Vendor to issue legal proceedings against any person.
If both conditions in Special Condition 16.1 are not satisfied by the settlement date,
either party may avoid this contract by written notice to the other.
If either party avoids this contract pursuant to this special condition:-
(a) all monies paid by the Purchaser under this contract must be refunded to the
Purchaser; and
(b) the Purchaser must not make a claim against the Vendor in respect of any costs,
fees or other expenses paid or incurred by the Purchaser in relation to or arising
out of the transaction evidenced by this contract.
Special Conditions - Page 5

GUARANTEE AND INDEMNITY
To: LEFKAS BUILDERS PTY LTD (A.C.N. 007 169 002) ("the Vendor")
IN CONSIDERATION of the Vendor having at the request of the person whose name address and
description are set forth in the Schedule hereto (hereinafter called "the Guarantor") agreed to sell the land
described in the attached Contract of Sale to the Purchaser named therein (hereinafter called "the
Purchaser") the Guarantor HEREBY GUARANTEES to the Vendor the due and punctual payment by the
Purchaser of the purchase money and interest payable thereon as detailed in the said Contract of Sale and
all other monies that are payable or may become payable AND ALSO the due performance and observance
by the Purchaser of all and singular the covenants provisions and stipulations contained or implied in the said
Contract of Sale and on the part of the Purchaser to be performed and observed AND THE GUARANTOR
HEREBY EXPRESSLY ACKNOWLEDGES AND DECLARES that he has examined the said Contract of
Sale and has access to a copy thereof and further that this Guarantee is given upon and subject to the
following conditions:-
A. THE liability hereunder of each person described as Guarantor shall be joint and several.
B. THAT in the event of the Purchaser failing to pay the Vendor as and when due the monies referred to
in the within Contract the Guarantor will immediately pay such monies to the Vendor.
C. THAT in the event of the Purchaser failing to carry out or perform any of its obligations under the said
Contract the Guarantor will immediately carry out and perform the same.
D. THE Guarantor shall be deemed to be jointly and severally liable with the Purchaser (in lieu of being
merely a surety for it) for the payment of the purchase monies interest and all other monies if any
payable pursuant to the within Contract in the performance of the obligations herein contained and it
shall not be necessary for the Vendor to make any claim or demand on or to take any action or
proceedings against the Purchaser before calling on the Guarantor to pay the rr~onies or to carry out
and perform the obligations herein contained.
E. THAT no time or other indulgence whatsoever that may be granted by the Vendor to the Purchaser
shall in any manner whatsoever affect a liability of the Guarantor hereunder and the liability of the
Guarantor shall continue to remain in full force and effect until all monies owing to the Vendor have
been paid and all obligations have been performed.
THE GUARANTOR:
Signed by the abovenamed Guarantor )
in the presence of: )
SCHEDULE

DOCUMENT DATE: 2008
IMPORTANT NOTICES TO PURCHASERS
The use to which you propose to put the property may be prohibited by planning or building
controls applying to the locality or may require the consent or permit of the Municipal Council
or other responsible authority. It is in your interest to undertake a proper investigation of
permitted land use before you commit yourself to buy. You should check with the appropriate
authorities as to the availability (and cost) of providing any essential services not connected
to the property.
The property may be located in an area where commercial agricultural production activity may
affect your enjoyment of the property. It is therefore in your interest to undertake an
investigation of the possible amenity and other impacts from nearby properties and the
agricultural practices and processes conducted there.
Suite 304
89 High Street
Kew VIC 3101
VENDOR'S STATEMENT
161 SYDNEY ROAD, COBURG
(VDF:SL:4640)
De Fazio & Co.
Lawyers
T 9482 6288
All correspondence to: F 9482 4435
P.O. Box 344, Ascot Vale VIC 3032 E defaziolaw@optusnet.com.au

SALE OF LAND ACT - SECTION 32
VENDOR'S STATEMENT TO THE PURCHASER OF REAL ESTATE
VENDOR: LEFKAS BUILDERS PTY LTD (A.C.N. 007 169 002)
PROPERTY: 161 SYDNEY ROAD, COBURG
1. RESTRICTIONS - A description of any easement, covenant, or other similar restriction
affecting the property (registered or unregistered) is set out in the copy documents attached
to this Statement.
To the best of the Vendor's knowledge there is no existing failure to comply with the
terms of same, except as may be disclosed in any attachment to this Statement.
2. BUILDING PERMITS / OWNER-BUILDER INSURAhlCE - (in respect of any residence)
(a)
(b)
Building Permits under the Building Act 1993 in the preceding 7 years:-
Not Applicable
Insurance under Section 137(b) of the Building Act 1993 where the residence was
constructed within the preceding 6 years and 6 months:-
Not Applicable
3. TITLE - Copies of relevant Title documents and evidence of the Vendor's right to sell the
property are attached.
4. NOTICES - Particulars of any notices, orders, declarations, reports or recommendations of a
public authority or government department or approved proposals affecting the property
including any -
affecting the Owners Corporation and any liabilities (whether contingent, proposed or
otherwise) where the property is in a subdivision containing an Owners Corporation,
including any relating to the undertaking of any repairs to the property;
quarantine or stock order imposed under the Stock Diseases Act 1968 (whether or
not the quarantine or order is still in force);
notice pursuant to Section 6 of the Land Acquisition and Compensation Act 1986;
Except as may be disclosed in any attachment to this Statement, there are none to the
Vendor's knowledge.
5. PLAhlMlNG AhlD ROAD ACCESS - Information concerning any planning instruments
affecting the property is:
As set out in the attached copy Anstat Planning Certificate.
There is access to the property by road.

6. OUTGOINGS AND STATUTORY CHARGES - Information concerning any rates, taxes,
charges or other similar outgoings (including any Owners Corporation charges) and any
interest payable on any part of them is as follows:
Their total does not exceed $2,200.00 p.a.
Any such amounts for which the Purchaser may become liable in consequence of the sale
are:
Usual adjustment of outgoings and any amounts required to comply with any
legislation or regulation affecting the property. The Purchaser may become liable to
pay land taxladditional land tax, depending upon the value of other Victorian real
estate owned by him.
The amount owing under any other registered or unregistered statutory charge that secures
an amount due under any other legislation is -
Except as may be disclosed in any attachment hereto, NIL.
7. SERVICES
SERVICE CONNECTED NAME OF AUTHORITY (if services connected)
Electricity Yes As selected by occupier
Gas Yes As selected by occupier
Water Yes Yarra Valley Water
Sewerage Yes Yarra Valley Water
Telephone Yes As selected by occupier
Any fees payable to re-connect any services or to transfer any of them into the name of the
Purchaser must be paid by the Purchaser.
DATE OF STATEMENT:
Vendor's Signature:
The Purchaser acknowledges being given a copy of this Statement signed by the Vendor before the
Purchaser signed the Contract.
DATE OF ACKNOWLEDGMENT:
Purchaser's Signature: ...............................................................................................

MSTAT l Your
order number 1s 3330130 - th~s Landata search result will be available for v~ewing under thls order for 120 days
Your reference for thls order. LEFKAS:4640
Register Search Statement - Volume 3645 Folio 81 0
21 10412008 10:54:51
Copyright State of Victoria. This publication is copyright.
No part may be reproduced by any process except in accordance with
the provisions of the Copyright Act or pursuant to a written
agreement. The information is only valid at the time and in the form
obtained from the LANDATA REGD TM System. The State of Victoria
accepts no responsibility for any subsequent release, publication or
reproduction of the information.
REGISTER SEARCH STATEMENT Land Victoria
Security no : 124025721901Q Volume 03645 Folio 810
Produced 21/04/2008 10:52 am
LAND DESCRIPTION
----------------
Lot 1 on Title Plan 7019853 (formerly known as part of Portion 134 AT COBURG
Parish of Jika Jika).
PARENT TITLE Volume 01533 Folio 491 L
Created by instrument 697818 11/10/1912
REGISTERED PROPRIETOR
Estate Fee Simple
Sole Proprietor
LEFKAS BUILDERS PTY LTD of 35 QUEEN STREET REGENT VIC 3073
AF340253G 13/09/2007
ENCUMBRANCES, CAVEATS AND NOTICES
MORTGAGE AF340254E 13/09/2007
NATIONAL AUSTRALIA BANK LTD
CAVEAT AF787924P 17/04/2008
Cavea tor
DJ CAPITAL SOLUTIONS LIMITED
Capacity CHARGEE
Date of Claim 15/02/2008
Lodged by
RIGBY COOKE
Notices to
RIGBY COOKE LAWYERS of LEVEL 13 469 LA TROBE STREET MELBOURNE VIC 3000
Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section
24 Subdivision Act 1988 and any other encumbrances shown or entered on the
plan set out under DIAGRAM LOCATION below.
DIAGRAM LOCATION
----------------
SEE TP701985E FOR FURTHER DETAILS AND BOUNDARIES
ACTIVITY IN THE LAST 125 DAYS
NUMBER
AF787924P CAVEAT
STATUS DATE
Registered 17/04/2008
The following information is provided for customer information only.
Street Address: 161 SYDNEY ROAD COBURG VIC 3058
STATEMENT END

Delivered by LANDATAt3. Land Mctoria timestamp 21/04/2008 10:54 Page 1 of 1
O State c :Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or
pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATAt3 System. The State of Victoria accepts no
responsibility for any subsequent release, publication or reproduction of the information.
I
/ ~
( I
l
TITLE PLAN EDITION 1 TP 701 985E
1 IEET
l I Location
II
I l R:
of Land
Parlsh AT COBURG PARISH OF JlKA JlKA
Townshlp
Sectlon
Crown Allotment
1 Crown Port~on 134lPT)
Last Plan Reference
Notations
Derived From VOL 3645 FOL 810
Depth LlrnlBtlon NIL
ANY REFERENCE TO MAP IN THE TEXT MEANS THE DIAGRAM SHOWN ON
THlS TITLE PLAN
Description of Land 1 Easement Information
.- -
F,..
cil.l ~ ' ': a / , L d ~:.-&cc.~ o,dj/m&)
L
c(;.(*,i&'
THlS PLAN HAS BEEN PREPARE0
FOR THE LAND REGISTRY, LAND
,
j- cal~in. I;C~:;~ :.,:::... a." ;TOWT. FoTI.~:~ VT.C >.~~.l:-eil P-ni:
PURPOSES AS PART OF THE LAND
... A.. .,! a UI
TITLES AUTOMATION PROJECT
?al.,n:. 0:. JLXE jlkn Coun'.? 2: b,,ur:

Delivered by LANDATAC3. Land Victoria timestarnp 2310412008 0932 Page 1 of 1
O State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or pursuant
to a written agreement. The information is onty valid at the time and in the form obtained from the LANDATAB System. The State of Vlctoria accepts no responsibility
for any subsequent release, publication or reproduction of the information.
CAVEAT
Section 89 Transfer of Land Act 1958
Lodged by:
Name: Rigby Cooke Lawyers
Phone:
(03) 932 1 7888
Address: Level 13 469 LaTrobe Street Melbourne . -
,/' .
VIC 3000
R ef TDK:PJB:20080546
Customer Code: 674R
The caveator claims the estate or interest specified in the land described on the grounds set out and forbids the
registration of any person as proprietor of and of any instrument affecting the estate or interest to the extent
specified.
Land: (title, mortgage, charge or lease)
Volume 3645 Folio 8 10 and Volume 8707 Folio 764
Caveator: flu11 name and address)
DJ CAPITAL SOLUTIONS LIMITED (ACN 1 l 0 757 509) of Level 1 Corporate Centre One, Corporate
Court, Bundall Qld 42 17
Estate or Interest Claimed
An interest as Chargee
Grounds of claim
As Chargee pursuant to a Charge cre'ated by the Agreement dated 15 February 2008 between LEFKAS
BUILDERS PTY LTD (ACN 007 169 002), BARBARA FATOUROS AND CLARE FATOUROS and
the Caveator
Extent of prohibition (ynot absolutely delete and insert desire'd texf)
Absolutely, unless any instrument lodged for registration is expressed to be subject to the Caveator's claim
Address in Victoria for service of notice (include postcode)
Rigby Cooke Lawyers, Level 13,469 LaTrobe Street, Melbourne Vic 3000
Dated: 16 / 04 / 2008
Signature of caveator ..............................................................................
0 r
Signature of Australian Legal Practitioner
under the Legal Profission Acf 2004
or
PETER J.USTIN BYRNE ............
Rigby Cooke Ciwyers
Level 13.469 La Tmbe Stket, Melbourne
An Australian Legal Pmctitioriei (within the
meaning of the Legal Profession Act 2004).
Signature of agent ...............................................................................
Approval No. 786075D STAMP DUTY USE ONLY
P20080546~040.WC
h d Regisq, 570 Bourke Sweet, Melbourne, 3000, Phone 8636 2010

Your order number is 3376169 - this Landata search result will be available for viewing under this order for 120 days
Your reference for this order: LEFKAS:4640
Copyright State of Victoria. This publication is copyright.
No part may be reproduced by any process except in accordance with
the provisions of the Copyright Act or pursuant to a written
agreement. The information is only valid at the time and in the form
obtained from the LANDATA REGD TM System. The State of Victoria
accepts no responsibility for any subsequent release, publication or
reproduction of the information.
FINAL SEARCH STATEMENT Land Victoria
..............................................................................
Security No : 124025808363K Volume 3645 Folio 810
Produced 29/04/2008 02:50 PM
ACTIVITY IN THE LAST 125 DAYS
.............................
NUMBER
AF787924P
AF796322T
STATEMENT END
CAVEAT
CAVEAT
STATUS DATE
Registered 17/04/2008
Registered 22/04/2008

Delivered by LANDATAa. Land Victoria timestamp 29/04/2008 14:52 Page 1 of 1
0 State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or pursuant
to a written agreement. The information is only valid at the time and in the form obtained from the LANDATAa System. The State of Victoria accepts no responsibility
for any subsequent release, publication or reproduction of the information. .
I
CAVEAT
Section 89 Transfer of Land Act 1958
Lodged by:
Name: &>U Cm
Phone:
Address:
R nF
LLbl.
Customer Code: &cg C
AF796322~
The caveator claims the estate or interest specified in the land described on the grounds set out and forbids the
registration of any person as proprietor of and of any instrument affecting the estate or interest to the extent
specified.
Land: (n.rle, morrgage, charge or lease)
cchfiok c~r ,+-b w\we 46~5 RIO
Caveator: fidl name and address)
Rnfho~ Re~*ccra 35 Qw* JF -1 a*
Estate or Interest claimed:
/h csh+e Fe s~de
Grounds of claim:
Extent of prohbition: (fnot ABSOLUTEL Y delete and insert desired IBI)
ABSOLUTELY
Address in Victoria for service of notice: (includepos~code)
C n ZC/CCD ~ ~
75 */d\Ie dd OWPJ~L~ vJe~$ 3 d S
Signature of caveator
or
CCYI~YI/C~L~ a d WJL~ lhpd t.2niJ k m
hsC/\o~ hco
Signature of agent being an
Austalian Legal Practitioner under the 1/75 p4ek l k g.~dmc~
Legal Profession Act 2004 &&%&ad f47d\e
or
Signature of agent
Approval No. 325955A
C
STAMP DUTY USE ONLY
THE BACK OF THIS FORM MUST NOT BE USED
. Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone 8636-2010
. .

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le307 ayj 'yJoMaweJj A3!lod 6u!uueld ajejs ayj as!~dwoa saway3~ 6yuueld ue!~oj3!~ 'suo!s!no~d Ael~ano pue auoz away3~ ~u!uuE/~ oj uo!j!ppe
ul ,Auado~d pa!qns aqj oj Aldde lou saop 'alqe3!lddy j o se ~ u~oys /! 'pue pay3ay3 uaaq sey aje3!)!uao s!yj uo hjua y3ea JO) a3~nos uo!jewJo)u! ay1
alqezqddv IQN :Aepa~o luaurdola~aa pue u6!saa

CERTIFICATE No: 33301 30 DATE: 23/04/2008
PLANNING CERTIFICATE
www.anstat.corn.au
This map extract is sourced from data maintained by the State of Victoria and is provided for information purposes only. No
representation is made as to the accuracy of the content, and Anstat Pty Ltd does not accept any liability to any person for the
information provided.
Need more detail? Anstat's Planning Scheme Extract product can supply you with the text of Planning Scheme provisions
for any Zone shown on the map extract above. Order online at www.anstat.com.au/api.
Anstat ~ t ~ y t trading d as Anstat Property Information ACN 115 133 152 ABN 15 115 133 152
224-226 Norrnanby Road, Southbank 3006 PO BOX 447, South Melbourne 3205 DX: 332 Melbourne Tel: 9278 1166 Fax: 9278 1167
Page 2 of 2

AN SA1 GLOUAL COAlWNV
CERTIFICATE No: 33301 30 DATE: 23/04/2008
ROADS CERTIFICATE
Client: De Fazio & CO
P. 0 . Box 344
Ascot Vale 3032
Subject Property: 161 SYDNEY ROAD COBURG VIC 3058
Title Particulars: Vol 3645 Fol 810
Municipality: MORELAND
www anstat con1 au
Client Ref: LEFKAS:4640
Vendor: LEFKAS BUII-DERS PTY LTD
Purchaser:
Advice of any currently approved VicRoads proposals: VICROADS HAS NO APPROVED PROPOSAL REQUIRING
ANY PART OF THE PROPERTY DESCRIBED IN YOUR APPLICATION. YOU ARE ADVISED TO CHECK YOUR LOCAL
COUNCIL PLANNING SCHEME REGARDING LAND USE ZONING OF THE PROPERTY AND SURROUNDING AREA.
Refer to the Planning Certificate for details of land reserved in the Planning Scheme for Road Proposals.
Anstat Pty Ltd trading as Anstat Property Information ACN 115 133 152 ABN 15 115 133 152
224-226 Norrnanby Road. Southbank 3006 PO BOX 447, South Melbourne 3205 DX: 332 Melbourne Tel: 9278 1166 Fax: 9278 1167
Page 1 of 1

Anstat
PO Box 447
SOUTH MELBOURNE VIC 3205
Assessment No: 138915
Issue Date: 22 April 2008
Certificate No: 2962
Receipt No
LAND INFORMATION CERTIFICATE
Local Government Act, 1989
This certificate provides information regarding valuation, rates, charges, other monies owing and
any orders and notice made under the Local Government Act 1958, Local Government Act 1989 or
under a Local Law of Council and specified flood level by Council (if any). This Certificate is not
required to include information regarding planning, building, health, land fill, land slip, other flooding
information of service easements. Information regarding these matters may be available from the
Council or the relevant authority. A fee may be charged for such information.
Your Reference: 3330130:7208053
Property Descrlptlon: 161 Sydney Road, COBURG VIC 3058
Legal Descrlptlon: Lot 1 TP 701985E CT-3645i810
Section 229 Certificate
RATES, CHARGES AND OTHER MONIES '
For Year Endlng 3om June, 2008
Arrears of Rates:
Current Year's Rates:
General Rates
Pensioner Rebate
Waste Management
Interest:
Sundry Charges:
PaymentlAd)ustments:
BALANCE OUTSTANDING:
Page 1 of 2
0.00
1 ,l 87.30
0.00
320.00
0.00
0.00
0.00
-1 130.30
377.00

Condltlons:
Valuatlons:
Level of Value Date: 1 Jan 2006 Operative Date: 1 July 2006
Site Value : $241,000 Capital Improved Value : $370,000 Net Annual Value : $19,500
POTENTIAL LIABILITY/SUBDlVlSlONAL REQUIREMENT/ OTHER INFORMATION
Potential liability for rates under the Cultural 8 Recreational Lands Act 1963. - NOT APPUCABLE
Potential liability for land to become rateable under Section 173, or 174A of the Local Government
Act 1989 - NOT APPLICABLE
Any outstanding amount or any transfer of land required for recreational purposes under Section
18 of the Subdivision Act 1988 or Local Government Act 1958. - NOT APPLICABLE
Any notice or orders under Local Government Act 1958 or 1989, or Local Law or By Law.
NOT APPUCABLE
Specified flood level by Council (if any):
1. This certificate may be updated verbally within a period of 30 days from date of issue. It should
be noted that Council will only be held responsible for information given in writing.( ie. A new
certificate and not information provided or confirmed verbally.)
2. In accordance with Section 175 (1) Local Government Act 1989, the purchaser must pay any
current rate or charge on the land and any arrears of rates and charges (including interest)
which are due and payable.
3. lnterest will continue to accrue at the rate fixed under Section 2 of the Penalty Interest Rates
Act 1983 until such time as payment of outstanding rates and charges is made.
4. Balances shown subject to clearance of cheques etc.
For further Information, please contact Revenue Servlces on Phone Number 924092207.
I hereby certify that as at the date of issue, the information given in the Certificate is a true and
correct disclosure of the rates and other monies and interest payable to the Moreland City Council
together with any notices or orders referred to in this Certificate.
Section 229 Certificate
Authorised Officer
Page 2 of 2

Moreland I-. :' ... I, ..I
22 April 2008
Enquiries: Building Services
Telephone: 9240 1161
Your Ref: 33301 30.7208056
Receipt No:
Building Act 1993
BUILDING REGULATIONS 2006
Regulation 326 (1)
REQUEST FOR BUILDING APPROVAL PARTICULARS
To: Anstat
PO Box 447
SOUTH MELBOURNE VIC 3205
I refer to your request for Building Permit particulars as permitted pursuant to
Regulation 326 (l) of the Building Regulations and advise as follows:
ADDRESS: 161 Svdnev Road. COBURG VIC 3058
Council records indicate that there have been no Building Permits issued for this
property in the last ten (10) years.
NOTICES &/OR ORDERS
A search of Council's Building records has failed to locate any outstanding notices or
orders issued under the Building Act 1993.
Should you require any further assistance in respect to this information, you may
contact Council's Building Services' Department on Ph: 9240 1161.
Acting Manager Building Se~ces

YARRA VALLEY WATER LIMITED
(ABN 93 066 902 501)
STATEMENT UNDER SECTIONS 75,
WATER INDUSTRY ACT 1994 RELATING TO ENCUMBRANCES
WATER ACT 1989 - STATEMENT UNDER SECTION 158
Anstat Pty Ltd AChl 1 15 133 152
authority@property.anstat.com.au
Date of Issue: 21 I0412008
Information Statement No: 10588797
Conveyancing Account No: 9000598
Your Ref: 33301 30:7208055
Property: SHOP 161 SYDNN RD COBURG VIC 3058
THE FOLLOWING PARTICULARS RELATE TO SECTIONS 25 & 158(3)
If Sewer mains are in existence they will be shown on the attached plan
Yarra Valley Water Ltd
ABN 93 066 932 501
Lucknow Street
Mitcham Victoria 3132
Private Bag 1
Mitcham Victoria 3132
DX 13204
Email: enauirv@w.com.au
Telephone: (03) 9872 1776
ADDITIONAL INFORMATION RELATES TO SECTIONS 25 & 158(4)
Information available at Melbourne Water indicates that this property is not subject to flooding from Melbourne
Water's drainage system, based on a flood level that has a probability of occurrence of 1% in any one year.
AUTHORISED OFFICER:
P7 "- GENERAL
MANAGER
CUSTOMER OPERATIONS
Please ensure all information provided to Yarra Valley Water for the request of a PropertyRow Statancmt is correct and vdfied prior to
submiing. All incorrect requests will be required to be resubmiied and will be charged accordingly.
Yam Valley Water provides information in this statement relating to watemays and drainage pursuant to Section 158 of the Water Act 1989, as an agent for
Melbourne Water.
PLEASE NOTE: Unless prior consent has been obtained, both the Water Act and the WATER INDUSTRY Ack PROHIBIT:
l. the erection andlor placement of any building, wall, bridge, fence, embanbnent, filling, material, machinery or other structure over or under any sewer or drain.
2. the connection of any drain or sewer to, or interference with, any sewer, drain or watercourse.
Page: 1

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'e4!10l!y wd slue3 81% le P~JW S! JWM LOOULOICO WQI~ sale~
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----- --.--.--
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80i9010E Ol LOlLOllO
syed :sable~ lenuuy
8019010E ol80lPO110 a6Bu1e~a :sab~ey3 ~lla~.len?J

STATE REVENUE OFFICE
Land Tax Act 2005
Land Tax Clearance Certificate
DE FAZlO B CO VIA ANSTAT
224 NORMANBY ROAD
SOUTHBANK VIC 3006
Land Identity
1359789
Vendor LEFKASBUILDERSPTYLTD
Land Address Details
161 SYDNEY ROAD COBURGVIC 3058
Purchaser FOR INFORMATION PURPOSES
VICTORIA
I ABN 76 775 195 33 1
SRO - IS0 9001 Quality Cedified
Your Reference: 3330130:7208054
Certificate No.: 53883685
Date Issued: 22 APR 2008
Enquiries: JXT4
Lot Number Plan Number Volume Folio
1 701985 3645 810
Current Tax For 2008 Proportional Tax Penaltyllnterest Total
LEFKAS BUILDERS PTY LTD $282.00 $0.00 $282.00
Arrears of Tax Years Proportional Tax Add.Taxllnterest Total
EQUllYCORP MANAGEMENT PTY LTD 2007 $282.00 $0.00 $215.56
Comments Land Tax will be payable but is not yet due -please see note 5 on reverse.
Unimproved Value $241,000
THlS CERTIFICATE IS SUBJECTTO THE NOTES THAT APPEAR ON THE BACK OFTHE APPLICATION AND THAT
THE APPLICANT SHOULD READ THESE NOTES CAREFULLY.
PAUL BRODERICK - Commissioner of State Revenue
PLEASE RETURN THlS PORTION WHEN MAKING PAYMENT = SEE OVERLEAF FOR FURTHER INFORMATION
LAND TAX CLEARANCE CERTIFICATE - REMllTANCE ADVICE
Certificate Number
53883685
Land ID
1359789
Amount Payable
PLEASE DO NOT MARK BELOW THlS LINE
Amount Payable
$497.56
$497.56

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