LEIGHTON PROPERTIES PTY LTD v KEVIN ANSCHAU DEVELOPMENTS PTY LTD [1993] NSWCA 159
The condition precedent to payment under the deed, as varied by subsequent correspondence, was satisfied upon council approval of the SEPP 1 objection, which enabled Leighton Properties to utilise the bonus floor space attributable to Anschau's site to secure a favourable floor space ratio. Final unconditional approval was not necessary.
- Parties
- Appellant: Leighton Properties Pty Ltd; Respondent: Kevin Anschau Developments Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 04 June 1993
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Construction of Contract, Condition Precedent, Payment Obligations, Variation of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Leighton Properties Pty Ltd
Appellant
Kevin Anschau Developments Pty Ltd
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether Leighton Properties became obliged to pay Anschau Developments in accordance with the contract, as varied, upon council approval of a SEPP 1 objection without final unconditional approval to the development incorporating the respondent's site.
Ratio Decidendi
The condition precedent to payment under the deed, as varied by subsequent correspondence, was satisfied upon council approval of the SEPP 1 objection, which enabled Leighton Properties to utilise the bonus floor space attributable to Anschau's site to secure a favourable floor space ratio. Final unconditional approval was not necessary.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
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