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's, Plumb's, alleged failure to comply with a special condition requiring the purchaser to obtain finance.

The central legal issue before the Court of Appeal was whether the purchaser had taken all reasonable steps to obtain finance as required by the special condition of the contract. This involved an interpretation of the purchaser's obligations under the condition and whether their actions constituted a sufficient effort to satisfy that obligation.

The Court of Appeal found that the purchaser had not taken all reasonable steps to obtain finance. It held that the purchaser's conduct, which included making only one inquiry about finance and then abandoning the process, fell short of the standard required by the special condition. The Court applied the principle that a party seeking to rely on a condition precedent must demonstrate that they have genuinely and reasonably endeavoured to fulfil it. Consequently, the Court held that the vendor was entitled to terminate the contract.