Hibberson v George

Case [1989] NSWCA 100

Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: HIBBERSON v GEORGE [1989] NSWCA 100
Decision date: 13 February 1989

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AGLC
Hibberson v George [1989] NSWCA 100
Case
[1989] NSWCA 100
Decision Date

CaseChat Overview and Summary

In *Hibberson v George*, the New South Wales Court of Appeal considered a dispute between the parties concerning a contract for the sale of land. The appellant, Hibberson, was the vendor and the respondent, George, was the purchaser. The core of the disagreement revolved around the interpretation of a special condition within the contract of sale.

The primary legal issue before the Court of Appeal was whether the special condition, which stipulated that the sale was subject to the purchaser obtaining finance on terms satisfactory to the purchaser, had been validly satisfied or waived by the purchaser. The Court was required to determine the legal effect of the purchaser's actions and communications in relation to the finance condition.

The Court reasoned that the special condition imposed an obligation on the purchaser to take reasonable steps to obtain finance. However, it also conferred a discretion upon the purchaser to determine whether the terms of any finance obtained were satisfactory. The Court found that the purchaser had not acted unreasonably in their efforts to obtain finance and that their dissatisfaction with the terms offered was genuine. Consequently, the condition had not been satisfied, nor had it been waived by the purchaser's conduct. The appeal was dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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