Forsyth v Blundell

The Full Federal Court heard an appeal in *Forsyth v Blundell*. The dispute concerned the validity of a notice of rescission of a contract for the sale of land, which had been served by the purchaser, Mr Blundell, on the vendor, Mr Forsyth. The central issue was whether the notice of rescission was effective to terminate the contract.

The court was required to determine whether the purchaser's notice of rescission was validly served in accordance with the terms of the contract and the general law. Specifically, the court had to consider whether the notice was served at the correct address and whether the vendor had actual knowledge of the notice, notwithstanding any technical defects in service.

The court held that the notice of rescission was not validly served. While the contract stipulated service at a particular address, the notice was sent to a different address. Although the vendor did receive actual notice of the rescission, the court found that this did not cure the defect in service, as the contract required strict compliance with the specified method of service. The legal principle applied was that contractual provisions for service of notices must be followed precisely, and actual knowledge of the notice by the recipient does not, in itself, render defective service effective unless the contract or equity provides otherwise.

Consequently, the Full Federal Court allowed the appeal, finding that the contract had not been validly rescinded.