Button v Gajdacs

In *Button v Gajdacs*, the New South Wales Court of Appeal considered an appeal from a decision of the District Court concerning a dispute between a vendor and a purchaser of land. The purchaser had sought to terminate the contract of sale, alleging that the vendor had failed to comply with a condition precedent.

The primary legal issue before the Court of Appeal was whether the vendor's conduct constituted a repudiation of the contract, thereby entitling the purchaser to terminate. This involved an examination of the nature of the condition precedent and whether the vendor's actions demonstrated an intention no longer to be bound by the contract.

The Court of Appeal found that the vendor's conduct did not amount to a repudiation. It reasoned that the vendor had taken all reasonable steps to fulfil the condition precedent, and any delay or difficulty encountered was not indicative of an intention to abandon the contract. The Court applied the principles of contract law concerning repudiation, emphasising that it requires a clear and unequivocal indication by one party that they will not perform their contractual obligations.

Consequently, the Court of Appeal dismissed the appeal, upholding the District Court's finding that the purchaser was not entitled to terminate the contract.