Fleuris Pty Ltd v Asian Century Holdings

Fleuris Pty Ltd (the appellant) and Asian Century Holdings (the respondent) were parties to litigation concerning a dispute over a contract for the sale of land. The case was heard on appeal in the High Court of Australia.

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 respondent obtaining necessary approvals for a development project on the land, had been fulfilled or waived by the respondent.

The High Court considered the principles of contract law, particularly concerning conditions precedent and the doctrine of waiver. Their Honours examined the terms of the contract and the conduct of the parties to ascertain whether the respondent had demonstrated an intention to proceed with the contract despite the non-fulfilment of the condition. The court analysed the evidence to determine if the respondent's actions constituted a waiver of the condition precedent, thereby entitling the appellant to specific performance.

The High Court allowed the appeal, finding that the respondent had waived the condition precedent and was therefore not entitled to terminate the contract. The court ordered specific performance of the contract in favour of the appellant.