Bodimeade v Thomson

Bodimeade v Thomson concerned a dispute between a vendor and a purchaser of land. The purchaser, Thomson, sought to terminate the contract of sale on the grounds that the vendor, Bodimeade, had failed to provide a notice of the existence of a registered easement over the land as required by section 88B(3)(b) of the Conveyancing Act 1919 (NSW). The matter was heard in the Supreme Court of New South Wales, Court of Appeal.

The primary legal issue before the Court of Appeal was whether the vendor's failure to provide the purchaser with a notice of the registered easement, as stipulated by section 88B(3)(b) of the Conveyancing Act 1919 (NSW), constituted a breach of a condition precedent to the purchaser's obligation to complete the contract, thereby entitling the purchaser to terminate the agreement.

The Court of Appeal held that section 88B(3)(b) of the Conveyancing Act 1919 (NSW) imposed a statutory obligation on the vendor to provide the purchaser with a notice of the existence of a registered easement. This obligation was a condition precedent to the purchaser's obligation to complete the contract. The Court reasoned that the purpose of this provision was to ensure that purchasers were fully informed of any encumbrances on the land they were acquiring. As the vendor had failed to provide the required notice, the purchaser was entitled to terminate the contract. The Court dismissed the vendor's appeal.