Breen v Plumb

In *Breen v Plumb*, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning the sale of a property. The vendor, Breen, sought to terminate the contract of sale due to the purchaser, Plumb, failing to settle on the agreed date. Plumb, however, argued that Breen had not been ready, willing, and able to complete the sale himself.

The central legal issue before the Court of Appeal was whether the vendor, Breen, was entitled to terminate the contract for the purchaser's failure to settle, or whether Breen's own conduct in failing to provide vacant possession of the property on the settlement date constituted a repudiation of the contract, thereby entitling the purchaser, Plumb, to terminate.

The Court of Appeal held that the vendor's obligation to give vacant possession was a fundamental term of the contract. As Breen had failed to provide vacant possession on the settlement date, he was not ready, willing, and able to complete the contract. This failure amounted to a repudiation of the contract by Breen, which Plumb was entitled to accept. Consequently, Plumb was not in breach of contract for failing to settle, and Breen was not entitled to terminate the contract. The appeal was dismissed.