CJ and R Lieschke v BR Turner

In *CJ and R Lieschke v BR Turner* [1992] NSWCA 135, the New South Wales Court of Appeal considered an appeal concerning a dispute over the sale of a property. The appellants, CJ and R Lieschke, were the purchasers of a property, and the respondent, BR Turner, was the vendor. The core of the dispute revolved around whether the contract for sale had been validly terminated by the vendor.

The primary legal issue before the Court of Appeal was whether the vendor was entitled to terminate the contract for the sale of land on the grounds of the purchasers' alleged breach of a condition precedent. Specifically, the court had to determine if the purchasers had failed to obtain finance within the time stipulated by the contract, thereby giving the vendor the right to terminate.

The Court of Appeal found that the condition precedent relating to the purchasers obtaining finance was not a condition that could be unilaterally waived by the vendor. The court reasoned that the condition was for the benefit of both parties, and its fulfillment or non-fulfillment was a matter of objective fact. As the purchasers had not obtained finance within the specified period, the condition had not been satisfied, and the vendor was therefore entitled to terminate the contract. The court applied principles relating to conditions precedent in contracts for the sale of land, emphasizing the importance of strict compliance with such conditions.

The appeal was dismissed, with the Court of Appeal upholding the primary judge's decision that the vendor had validly terminated the contract.