Masters v Belpate Pty Ltd

The case of Masters v Belpate Pty Ltd involved a dispute between the vendor and the purchaser regarding the sale of units. The purchaser had purchased units from a plan, and a condition was included in the contract stating that if the strata plan was not registered within 30 months, either party could rescind. Additionally, the vendor promised to do everything reasonably necessary to achieve registration. The strata plan was not registered within the stipulated timeframe, and the vendor subsequently rescinded the contract. The issue before the court was whether the delay caused by the architect and engineers constituted a breach by the vendor, and if the failure to register the plan was due to such a breach.

The court was required to determine if the vendor's failure to register the strata plan within the specified timeframe constituted a breach of contract, and if such a breach was due to the delay caused by the architect and engineers. It was also necessary to consider whether the delay was a breach of the vendor's promise to do everything reasonably necessary to achieve registration. Furthermore, the court had to decide if the delay by the architect and engineers constituted a breach of contract by the vendor and if the failure to register the plan was caused by such a breach.

The court found that the delay by the architect and engineers did not constitute a breach of contract by the vendor, as the vendor had taken all reasonable steps to achieve registration. The court held that the failure to register the plan was not due to any breach by the vendor. Consequently, the vendor's rescission of the contract was valid. The court ruled in favour of the vendor, stating that the purchaser was not entitled to specific performance of the contract.

The final orders of the court were that the vendor's rescission of the contract was valid, and the purchaser was not entitled to specific performance. The court dismissed the purchaser's claim and ordered the purchaser to pay the vendor's costs of the proceedings.