Foster v Hall [2012] NSWCA 122

Foster v Hall [2012] NSWCA 122

The vendors breached their contractual obligation to use 'best reasonable endeavours' to achieve registration of the subdivision plan by failing to seek an amendment of the development consent regarding the accessway after invitations from the Council and in circumstances where prospects for amendment existed. Consequently, their purported termination of the contract was unjustified; this amounted to repudiation entitling the purchasers to terminate and claim damages.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Civil Appeal / Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
['sale of Property' 'best Reasonable Endeavours' 'interpretation of Contractual Obligations' 'development Consent' 'repudiation of Contract' 'damages']
['contract Law'] ['sale of Property' 'best Reasonable Endeavours' 'interpretation of Contractual Obligations' 'development Consent' 'repudiation of Contract' 'damages']

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Procedural Posture

Civil Appeal / Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether the vendors fulfilled their obligation to use 'best reasonable endeavours' to procure registration of a plan of subdivision." "Whether the obligation to use 'best reasonable endeavours' differs from 'best endeavours'." 'Whether compliance with Condition 6 of the development consent was impossible or pointless.' 'Whether the vendors were required to seek amendment of the development consent.']

Ratio Decidendi

The vendors breached their contractual obligation to use 'best reasonable endeavours' to achieve registration of the subdivision plan by failing to seek an amendment of the development consent regarding the accessway after invitations from the Council and in circumstances where prospects for amendment existed. Consequently, their purported termination of the contract was unjustified; this amounted to repudiation entitling the purchasers to terminate and claim damages.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']