Brachmanis and 1 Ors v Columbus Property Developments P/L and 1 Ors

The plaintiffs sought to reinstate their position as purchasers of a property from the defendants, pending the resolution of proceedings for specific performance. The dispute included the interpretation of a notice to complete and the requirement for a breach of condition by the party giving it, as well as issues around defects needing rectification and the potential waiver of the notice to complete. The court was tasked with determining whether the plaintiffs were entitled to be reinstated into possession and whether certain conditions in the contract were breached, thereby affecting the enforcement of the notice to complete. Additionally, the court considered whether any defects in the property or documentation required rectification before the plaintiffs could be required to complete the purchase.

The court examined the contractual terms and the nature of the notice to complete, concluding that such a notice does not necessarily require a breach of condition by the party giving it. The court found that the plaintiffs were entitled to be reinstated into possession as purchasers, pending the resolution of the specific performance proceedings. The court also addressed the issue of defects, holding that the presence of defects alone does not automatically entitle a party to terminate the contract or avoid completing the purchase. The court further found that the plaintiffs had not waived their right to complete the purchase by their conduct.

The court's reasoning was grounded in the contractual terms and the equitable principles governing specific performance and reinstatement. The court held that the plaintiffs were entitled to be reinstated into possession and that the notice to complete was valid. The court did not find that the presence of defects in the property or documentation warranted a waiver of the notice to complete. The final orders of the court reinstated the plaintiffs as purchasers and directed the parties to proceed with the specific performance proceedings, with the plaintiffs remaining in possession of the property.