Hand v. Greaney [2004] IEHC 391 (15 December 2004)

Hand v. Greaney [2004] IEHC 391 (15 December 2004)

The contract was conditional upon obtaining planning permission for a specific application. When An Bord Pleanála refused permission, the condition became incapable of fulfilment, and the vendor was entitled to treat the contract as at an end. The vendor's letter of 4 February 2004 was a clear notification of this. Any purported waiver by the purchaser after that date was ineffective.

Citation
[2004] IEHC 391
Parties
Plaintiff: Martin Hand; Defendant: William Greaney
Jurisdiction
Ireland
Judgment Date
15 December 2004
Procedural Posture
Vendor and Purchaser Act Application / High Court Judgment
Outcome
Contract at an end as of 4 February 2004
Legal Topics
Conditional Contracts, Planning Permission, Waiver of Conditions, Frustration of Contract, Vendor and Purchaser Disputes
Contract Law Property Law Conditional Contracts Planning Permission Waiver of Conditions Frustration of Contract Vendor and Purchaser Disputes

Case Brief

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Parties

Martin Hand

Plaintiff

William Greaney

Defendant

Procedural Posture

Vendor and Purchaser Act Application / High Court Judgment

Legal Issues

  1. 1 Whether the contract for sale was at an end following the refusal of planning permission by An Bord Pleanála
  2. 2 Whether the purchaser could waive the planning condition after refusal
  3. 3 Whether a notice to complete was required before the contract could be determined

Ratio Decidendi

The contract was conditional upon obtaining planning permission for a specific application. When An Bord Pleanála refused permission, the condition became incapable of fulfilment, and the vendor was entitled to treat the contract as at an end. The vendor's letter of 4 February 2004 was a clear notification of this. Any purported waiver by the purchaser after that date was ineffective.

Court Disposition

Contract at an end as of 4 February 2004

Orders

  • Declaration that the contract for sale came to an end not later than receipt of the letter of 4 February 2004 from the vendor's solicitors to the purchaser's solicitors.