Cortini & Cortini

In *Cortini & Cortini*, the Supreme Court of Victoria was asked to determine whether a party to a contract for the sale of land had validly exercised a contractual right to terminate the agreement. The dispute arose after the purchaser failed to settle the transaction by the stipulated date, prompting the vendor to issue a notice of termination. The purchaser contended that the notice was invalid and sought specific performance of the contract.

The central legal issue before the Court was whether the vendor's notice of termination was effective. This required the Court to consider the proper construction of the relevant contractual clauses governing settlement and the consequences of default, particularly in light of the purchaser's argument that the vendor had waived its right to strict performance or was estopped from relying on the purchaser's default.

Carter J found that the contract clearly stipulated a time for settlement, and the purchaser's failure to meet this deadline constituted a breach. The Court held that the vendor had not waived its rights under the contract, nor was there any basis for an estoppel argument. The contractual provisions regarding default and termination were clear and had been validly invoked by the vendor. Consequently, the notice of termination was effective, and the contract was at an end. The Court therefore dismissed the purchaser's claim for specific performance.