Kaljo v Coady

The case of Kaljo v Coady involved a dispute between the parties regarding the completion of a property sale. The purchaser, Kaljo, had entered into a contract with the vendor, Coady, for the sale of a property, with completion subject to the happening of a certain event. The event did not occur, leading to a dispute about whether Kaljo made reasonable efforts to cause the event to happen and whether it was lawful for Coady to complete despite the non-satisfaction of the condition. Coady gave Kaljo a notice to complete, and Kaljo rescinded the contract for non-satisfaction of the condition. Coady then terminated the contract for non-compliance with the notice to complete. Kaljo argued that Coady's purported termination after Kaljo's purported rescission was an acceptance of the repudiation and that the contract had been abandoned.

The court was required to determine the validity of Kaljo's rescission, Coady's notice to complete, and Coady's termination of the contract. The court considered whether Kaljo made reasonable efforts to cause the event to happen and whether it was lawful for Coady to complete despite the non-satisfaction of the condition. The court also had to decide whether Coady's purported termination after Kaljo's purported rescission was an acceptance of the repudiation and whether the contract had been abandoned.

The court found that Kaljo did not make reasonable efforts to cause the event to happen, and it was not lawful for Coady to complete despite the non-satisfaction of the condition. The court held that Coady's notice to complete was valid, and Kaljo's rescission for non-satisfaction of the condition was not valid and effective. The court also found that Coady's termination for non-compliance with the notice to complete was valid and effective, and that Coady's purported termination after Kaljo's purported rescission was not an acceptance of the repudiation. The contract was not abandoned.

The court ordered that the contract remained in effect, and that Coady was entitled to complete the sale of the property upon the happening of the event or, if the event was incapable of happening, upon the payment of the purchase price. The court also ordered that Kaljo was liable for any costs incurred by Coady in enforcing the contract.