Canning v Temby

In *Canning v Temby*, the High Court of Australia considered a dispute arising from a contract for the sale of land. The appellant, Canning, had agreed to purchase land from the respondent, Temby. The core of the disagreement concerned the performance of the contract, specifically the timing of payment and the delivery of title deeds.

The central legal issues before the Court were whether the respondent had breached the contract by failing to deliver the title deeds within a reasonable time, and whether the appellant had waived any right to immediate performance by his conduct. The Court also had to determine the nature of the conditions for payment and transfer of title, and whether they were concurrent conditions.

The Court held that the conditions of payment and transfer of title deeds were concurrent conditions, meaning that neither party was obliged to perform their part of the contract until the other was ready and willing to perform theirs. The Chief Justice, Griffith CJ, reasoned that the respondent was not in breach of contract for failing to deliver the title deeds until the appellant had tendered the full purchase price. The appellant's conduct, in making a partial payment and then demanding the deeds without tendering the balance, was found to indicate an intention to waive immediate performance of the concurrent conditions.

Consequently, the High Court found in favour of the respondent, Temby, determining that no breach of contract had occurred.