Idameneo No 9 Pty United v Jovan

In *Idameneo No 9 Pty Ltd v Jovan*, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning a contract for the sale of land. The purchaser sought to terminate the contract, alleging that the vendor had failed to comply with a condition precedent.

The central legal issue before the Court of Appeal was whether the vendor had validly satisfied a condition precedent requiring them to obtain vacant possession of the property by a specified date. The purchaser contended that the vendor's purported efforts to obtain vacant possession were insufficient and that the condition had not been met, thereby entitling the purchaser to terminate the contract.

The Court of Appeal examined the nature of the condition precedent and the vendor's obligations thereunder. It was held that the condition required the vendor to take all reasonable steps to obtain vacant possession, even if ultimate success was not guaranteed. The Court found that the vendor had indeed taken all reasonable steps, and therefore the condition precedent had been satisfied. Consequently, the purchaser was not entitled to terminate the contract.