Clift v Windrum

In *Clift v Windrum* [1991] NSWCA 54, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning a contract for the sale of land. The purchaser sought to terminate the contract, alleging a breach by the vendor.

The central legal issue before the Court of Appeal was whether the vendor had breached a condition precedent to the contract, thereby entitling the purchaser to terminate. Specifically, the Court had to determine if the vendor had taken all reasonable steps to obtain a necessary approval within the stipulated timeframe.

The Court of Appeal found that the vendor had indeed failed to take all reasonable steps to obtain the required approval. Applying the principles of contract law, the Court held that a party must demonstrate genuine and diligent efforts to fulfil a condition precedent. As the vendor's actions fell short of this standard, the condition was not satisfied, and the purchaser was therefore entitled to terminate the contract. The Court dismissed the vendor's appeal.