11 Aug 2017
Purchaser was entitled to avoid the contract because the finance condition remained unfulfilled after a reasonable time for obtaining title and settlement had passed; where the condition is for the purchaser's benefit and there is no vendor default, no prior notice of intention to cancel is required; accordingly the vendor must return the deposit.
21 Nov 2006
Clause 16 did not materially depart from the option but recorded and implemented the parties' right to effect the purchase through a nominee to achieve going-concern GST treatment; Southbourne was estopped from objecting to the mode of payment because its agent received and acknowledged the deposit cheque without timely objection; other alleged departures (agent clause, chattels wording) were immaterial; therefore no seriously arguable defence existed and summary judgment ordering specific performance was appropriate.