Hanna v Bartolic

Hanna v Bartolic concerned a dispute between a vendor and a purchaser concerning the sale of a property. The vendor, Hanna, sought to terminate the contract of sale, while the purchaser, Bartolic, sought specific performance. The matter came before the New South Wales Court of Appeal.

The primary legal issue before the Court of Appeal was whether the vendor was entitled to terminate the contract of sale on the grounds of the purchaser's alleged breach of a special condition requiring the purchaser to obtain finance approval by a specified date. The Court also considered whether the purchaser had waived any right to rely on the vendor's conduct as a repudiation of the contract.

The Court of Appeal found that the vendor's conduct in purporting to terminate the contract prior to the date for obtaining finance approval constituted a repudiation of the contract. The Court held that the purchaser was therefore entitled to accept this repudiation and seek specific performance. The principles applied included those relating to repudiation of a contract, waiver, and the availability of specific performance as a remedy.

The Court of Appeal dismissed the vendor's appeal and ordered that the purchaser's cross-appeal be upheld, with the result that the contract was affirmed and specific performance was ordered.