Handley v Gunner

The case of *Handley v Gunner* concerned a dispute between the appellant, Handley, and the respondent, Gunner, regarding rights of way and contractual obligations. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the court were whether the respondent's obligations under a deed had been discharged, specifically concerning a term that required the respondent to issue a transfer at the appellant's request. The court also had to determine whether an implied term existed within the contract that such a request must be made within a reasonable time, and if so, whether a reasonable time had elapsed.

The Court of Appeal reasoned that the obligation to issue a transfer was not spent and that the deed did not contain an implied term that the request for transfer must be made within a reasonable time. The court found that the respondent's obligations remained on foot. Consequently, the appeal was upheld.