Lubo Medich Holdings Pty Ltd v D and a Lu Pty Ltd

Lubo Medich Holdings Pty Ltd (the plaintiff) brought proceedings against D and a Lu Pty Ltd and another (the defendants) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the plaintiff's claim for damages for breach of contract, specifically relating to the sale of land.

The central legal issue before the Court of Appeal was whether the plaintiff had validly terminated the contract for the sale of land due to the defendants' alleged breach of a condition precedent. This involved determining whether the condition precedent had been fulfilled or waived, and if not, whether the plaintiff was entitled to terminate the contract and claim damages.

The Court of Appeal considered the terms of the contract and the conduct of the parties in relation to the condition precedent. It applied principles of contract law concerning conditions precedent, waiver, and the requirements for valid termination. The Court found that the condition precedent had not been fulfilled and that the plaintiff had not waived its right to rely on the non-fulfilment of that condition. Consequently, the plaintiff was entitled to terminate the contract.

The Court of Appeal allowed the appeal, set aside the orders of the primary judge, and ordered that the plaintiff was entitled to terminate the contract and recover damages.