Chris Di Lorenzo & Dora Di Lorenzo v Denversian Pty Ltd

In the matter of *Chris Di Lorenzo & Dora Di Lorenzo v Denversian Pty Ltd*, the Supreme Court of Victoria was asked to determine a dispute concerning a contract for the sale of land. The purchasers, Chris and Dora Di Lorenzo, sought to terminate the contract and recover their deposit, alleging that the vendor, Denversian Pty Ltd, had breached a condition precedent.

The central legal issue before the Court was whether Denversian Pty Ltd had breached a condition precedent to the contract, specifically a clause requiring the vendor to obtain all necessary town planning and building permits for the construction of a dwelling on the land by a specified date. The purchasers contended that the failure to obtain these permits by the stipulated time entitled them to terminate the agreement and reclaim their deposit.

Justice Nicholas Smith found that the condition precedent had not been satisfied within the timeframe stipulated in the contract. His Honour reasoned that the wording of the clause imposed a positive obligation on the vendor to secure the permits, and the vendor's failure to do so constituted a breach of that condition. Consequently, the purchasers were entitled to terminate the contract. The Court ordered that the contract be terminated and that Denversian Pty Ltd repay the deposit to the Di Lorenzos.