Fuller v Galvin

In *Fuller v Galvin*, the New South Wales Court of Appeal considered an appeal from a decision of the Supreme Court of New South Wales concerning a dispute between a vendor and a purchaser of land. The purchaser had sought to terminate the contract for sale, alleging a breach by the vendor.

The central legal issue before the Court of Appeal was whether the vendor's conduct constituted a repudiation of the contract, thereby entitling the purchaser to terminate. This involved an examination of the purchaser's obligations under the contract and the vendor's performance in relation to those obligations.

The Court of Appeal found that the vendor's actions did not amount to a repudiation of the contract. Applying established principles of contract law, the Court determined that the vendor's conduct, while perhaps inconvenient for the purchaser, did not demonstrate an intention to abandon the contract or an unwillingness to be bound by its essential terms. Consequently, the purchaser was not justified in terminating the agreement. The appeal was dismissed.