Dunn v Quayle [2004] NSWSC 1237

Dunn v Quayle [2004] NSWSC 1237

There was no agreement by the vendors to forego performance of the special provisions. The vendors' communications made clear their intention to enforce the special provisions, and the plaintiff failed to show any waiver or variation by the vendors.

Parties
Plaintiff/cross Defendant: Garry Jon Dunn; Defendant/cross Claimant: Max Edward Quayle; Defendant/cross Claimant: Anne Sandie Quayle
Jurisdiction
Australia
Judgment Date
16 December 2004
Procedural Posture
Civil / Judgment
Outcome
Purchaser's summons dismissed. Declaration made that contract validly rescinded. Purchaser to pay vendors' costs.
Legal Topics
Vendor and Purchaser, Contractual Termination, Subdivision Approval, Waiver of Contractual Rights
Conveyancing Vendor and Purchaser Contractual Termination Subdivision Approval Waiver of Contractual Rights

Case Brief

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Parties

Garry Jon Dunn

Plaintiff/cross Defendant

Max Edward Quayle

Defendant/cross Claimant

Anne Sandie Quayle

Defendant/cross Claimant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was an agreement between the parties to not enforce special provisions in the contract pending council approval of subdivision
  2. 2 Whether the vendors validly rescinded the contract due to lack of council approval
  3. 3 Whether the conduct of the vendors constituted waiver of the right to enforce the special provisions

Ratio Decidendi

There was no agreement by the vendors to forego performance of the special provisions. The vendors' communications made clear their intention to enforce the special provisions, and the plaintiff failed to show any waiver or variation by the vendors.

Court Disposition

Purchaser's summons dismissed. Declaration made that contract validly rescinded. Purchaser to pay vendors' costs.

Orders

  • Purchaser's amended summons dismissed.
  • Declaration that the contract was validly rescinded.