Sandra Investments Pty Ltd v Booth [1983] HCA 46

Sandra Investments Pty Ltd v Booth [1983] HCA 46

Where a contract for sale of land contains a condition precedent expressly conferring on the purchaser the option to cancel if the condition (council approval) is not fulfilled, the purchaser may choose not to exercise that option and is entitled to specific performance, with completion to occur within a reasonable time.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal of a Decision From the Supreme Court of Queensland
Outcome
Appeal allowed
Legal Topics
['specific Performance' 'contractual Conditions Precedent' 'waiver of Conditions' 'sale of Land']
['contract Law' 'property Law'] ['specific Performance' 'contractual Conditions Precedent' 'waiver of Conditions' 'sale of Land']

Case Brief

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Procedural Posture

Appeal / High Court Appeal of a Decision From the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether a purchaser may waive a condition precedent requiring council approval for subdivision under a contract for sale of land' 'Whether specific performance may be ordered when the approval condition is not fulfilled but waived by the purchaser']

Ratio Decidendi

Where a contract for sale of land contains a condition precedent expressly conferring on the purchaser the option to cancel if the condition (council approval) is not fulfilled, the purchaser may choose not to exercise that option and is entitled to specific performance, with completion to occur within a reasonable time.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Supreme Court of Queensland set aside' "Order that Dunn J.'s decision is set aside" 'Judgment for plaintiff for specific performance of the contract referred to in paragraph 3 of the statement of claim' "Defendant to pay plaintiff's costs of the action" 'Matter remitted to Supreme...