Maiorana v Zammit

In *Maiorana v Zammit*, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning the sale of a property. The purchaser sought to terminate the contract of sale, 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's conduct constituted a breach of the contract, specifically in relation to the purchaser's right to terminate. The court had to determine if the vendor had taken all reasonable steps to fulfil the condition precedent, and if not, whether this entitled the purchaser to rescind the contract.

The Court of Appeal analysed the terms of the contract and the vendor's actions in attempting to satisfy the condition. It applied principles of contract law concerning conditions precedent and the duty of a party to take reasonable steps to bring about the fulfilment of such conditions. The court found that the vendor had not acted with sufficient diligence and that this failure amounted to a breach of contract, entitling the purchaser to terminate.

The Court of Appeal dismissed the vendor's appeal and affirmed the decision of the primary judge, upholding the purchaser's right to terminate the contract.