Lynda Marie Slarke v Ultima Constructions Pty Ltd

Lynda Marie Slarke (the purchaser) appealed to the Supreme Court of Queensland, Court of Appeal, against a decision of the primary judge concerning a contract for the sale of a dwelling under construction by Ultima Constructions Pty Ltd (the vendor). The dispute centred on the validity of a notice to complete issued by the vendor.

The Court of Appeal was required to determine whether a notice to complete could be validly issued by the vendor when there had been no antecedent breach or unreasonable delay by the purchaser. It also considered whether the "Date for Completion" stipulated in the contract was effective only if both parties were then under an obligation to complete, and whether the vendor was ready, willing, and able to complete despite the non-installation of some provisional items. The relevance of industry practice was also a factor.

The Court of Appeal upheld the primary judge's decision, finding that the vendor was entitled to issue the notice to complete. It reasoned that the contract did not require an antecedent breach or unreasonable delay by the purchaser for the notice to be effective. The "Date for Completion" was considered an operative date for the purpose of the notice, irrespective of whether both parties were then ready to complete. The Court also found that the vendor's ability to complete was not vitiated by the outstanding provisional items, as these were minor and did not prevent the substantial completion of the dwelling. Industry practice was considered but did not alter the contractual interpretation.

The appeal was dismissed.