Damjanovic v Maley

The case of *Damjanovic v Maley* concerned a dispute between the appellant, Damjanovic, and the respondent, Maley, regarding a contract for the sale of land. The matter came before the High Court of Australia, with judgment delivered by Hayne and Callinan JJ.

The central legal issue before the High Court was whether the respondent had validly terminated the contract for the sale of land due to the appellant's alleged breach of a condition precedent. Specifically, the court had to determine if the condition precedent, relating to the obtaining of a specific planning permit, had been fulfilled or waived by the respondent.

The High Court found that the condition precedent had not been fulfilled and that the respondent had not waived their right to rely on its non-fulfilment. Their Honours reasoned that the language of the contract was clear and that the respondent had acted within their contractual rights in terminating the agreement when the condition was not met within the stipulated timeframe. The court applied principles of contract law concerning conditions precedent and the requirements for their satisfaction or waiver.

The appeal was dismissed.