Griffin v Palmer

Gaudron and McHugh JJ heard an appeal concerning a dispute between Griffin and Palmer. The core of the disagreement related to the interpretation and enforceability of a contract for the sale of land. Palmer, the vendor, sought to terminate the contract, while Griffin, the purchaser, resisted this termination and sought specific performance.

The central legal issues before the court were whether Palmer was entitled to terminate the contract due to Griffin's alleged failure to comply with a condition precedent, and if not, whether Griffin was entitled to an order for specific performance of the contract. The court had to consider the precise wording of the contractual condition and the conduct of the parties in relation to its fulfilment.

Their Honours reasoned that the condition precedent in question was for the benefit of the purchaser, Griffin. As such, Griffin had the right to waive strict compliance with the condition. The evidence indicated that Griffin had, through his conduct, waived strict compliance. Consequently, Palmer was not entitled to terminate the contract on the basis of non-fulfilment of that condition. The court found that Griffin had demonstrated his readiness and willingness to complete the purchase, thereby entitling him to specific performance.