Howard v Collier

In *Howard v Collier*, the New South Wales Court of Appeal considered a dispute between the appellant, Howard, and the respondent, Collier, concerning the enforceability of a contract for the sale of land. The core of the disagreement revolved around whether the contract had been validly terminated by Collier.

The primary legal issue before the Court of Appeal was whether Collier was entitled to terminate the contract for the sale of land on the grounds of Howard's alleged breach of a condition precedent. Specifically, the Court had to determine if the condition precedent had been fulfilled or waived, and if not, whether Collier's actions constituted a repudiation of the contract, thereby entitling Howard to damages.

The Court analysed the terms of the contract and the conduct of the parties in relation to the condition precedent, which involved obtaining a particular planning approval. It was held that the condition precedent had not been fulfilled within the stipulated time and that neither party had waived its fulfilment. Furthermore, the Court found that Collier's actions, in purporting to terminate the contract, did not amount to a repudiation. Consequently, the appeal was dismissed, and the primary judge's decision that Collier was entitled to terminate the contract was upheld.