Behn and Ziomek

In *Behn and Ziomek*, the Supreme Court of New South Wales was asked to determine whether a contract for the sale of land was void for uncertainty. The purchasers, Behn and Ziomek, sought to enforce a contract for the sale of a property against the vendor, Mr. Ziomek. The vendor argued that the contract was void for uncertainty because it failed to specify the exact date for completion, instead stating that completion was to occur "on or before 30 days after settlement of the purchase of the property at 145 William Street, Sydney."

The central legal issue before the court was whether the contractual term regarding the completion date rendered the agreement void for uncertainty. Specifically, the court had to consider whether the reference to the settlement of another property, which was not a party to the current contract, was sufficiently certain to allow for the determination of a completion date for the property in dispute.

McClelland J held that the contract was not void for uncertainty. His Honour reasoned that the date for completion was ascertainable by reference to an objective event, namely the settlement of the purchase of the property at 145 William Street. While this event was external to the contract, it was sufficiently identified to allow for the determination of the completion date. The court applied the principle that a contract will not be void for uncertainty if the terms are capable of being made certain by reference to an objective standard or external event. The court found that the settlement of the other property was such an event.