Green v McKay

In *Green v McKay*, the New South Wales Court of Appeal considered a dispute between the appellant, Green, and the respondent, McKay. The case concerned the enforceability of a contract for the sale of land, specifically whether the contract had been validly rescinded.

The central legal issue before the Court of Appeal was whether the respondent had validly exercised a contractual right to rescind the contract for the sale of land. This involved determining whether the appellant had committed a breach of contract that entitled the respondent to terminate the agreement.

The Court analysed the terms of the contract and the conduct of the parties. It applied principles of contract law relating to breach and rescission, considering whether the alleged breach was fundamental enough to justify termination. The Court found that the appellant had not committed a breach that entitled the respondent to rescind the contract.

Consequently, the Court of Appeal allowed the appeal, finding that the rescission was wrongful and the contract remained on foot.