Bryan v Prince

In *Bryan v Prince*, the New South Wales Court of Appeal considered a dispute between a vendor, Mr. Bryan, and the purchasers, Mr. and Mrs. Prince, concerning the sale of a property. The purchasers sought to terminate the contract of sale, alleging that the vendor had failed to comply with a special condition requiring the provision of a pest and building inspection report.

The central legal issue before the Court of Appeal was whether the purchasers were entitled to terminate the contract based on the vendor's alleged breach of the special condition. This involved determining the precise nature of the vendor's obligation under the condition and whether the report provided by the vendor was sufficient to satisfy that obligation. The Court also had to consider the consequences of any breach, specifically whether it gave the purchasers a right to terminate the contract.

The Court of Appeal found that the special condition required the vendor to provide a report that was satisfactory to the purchasers. The report provided by the vendor was found to be deficient in that it did not adequately address certain issues, and therefore did not satisfy the purchasers. Consequently, the Court held that the vendor had breached the special condition. This breach was considered a material breach, entitling the purchasers to terminate the contract. The appeal was dismissed.