Disktravel v Fiocco

Disktravel Pty Ltd (Disktravel) and Mr Fiocco were parties to a dispute concerning a contract for the sale of land. The case was heard by the High Court of Australia, comprising Gleeson CJ, Gummow and Callinan JJ.

The central legal issue before the High Court was whether Disktravel had validly terminated the contract for the sale of land due to Mr Fiocco's alleged breach of a condition precedent. Specifically, the court had to determine if the condition precedent, relating to the registration of a plan of subdivision, had been fulfilled or waived by Disktravel.

The High Court considered the terms of the contract and the conduct of the parties. It was held that the condition precedent was for the benefit of the purchaser, Mr Fiocco, and therefore could be waived by him. The court found that Mr Fiocco had waived the condition precedent by his conduct, which indicated an intention to proceed with the contract notwithstanding the non-fulfilment of the condition. Disktravel's subsequent attempt to terminate the contract was therefore deemed to be wrongful.

The High Court dismissed Disktravel's appeal, upholding the decision of the lower court.