Leask v Molina

The appeal concerned a dispute between the appellant, Leask, and the respondent, Molina, regarding a contract for the sale of land. The primary issue revolved around whether the respondent had validly terminated the contract due to the appellant's alleged failure to comply with a special condition requiring the obtaining of a development approval. The case was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the special condition in the contract was a condition precedent to the respondent's obligation to complete the purchase, and if so, whether the appellant had taken all reasonable steps to obtain the development approval. Further, the court had to consider whether the respondent had waived any breach of the special condition by their conduct.

The Court of Appeal found that the special condition was a condition precedent. It held that the appellant had not taken all reasonable steps to obtain the development approval, as required by the contract. The court rejected the argument that the respondent had waived the breach, finding that the respondent's actions did not amount to a clear and unequivocal election to affirm the contract despite the breach. The principles applied included those relating to conditions precedent in contracts, the duty to take reasonable steps to fulfil such conditions, and the doctrine of waiver.

The appeal was dismissed.