McIntyre v Marshall

The case of McIntyre v Marshall concerned a dispute between the vendor and purchaser of a property, where the purchaser sought to terminate the contract for sale of land. The case was heard in the Supreme Court of Victoria. The central issue was whether the vendor had breached the contract by providing inaccurate answers to the purchaser's requisitions, and whether this breach justified the purchaser terminating the contract. The court was also required to determine whether the purchaser had the capacity to finance the purchase.

The court considered whether the vendor's inaccurate answers to the purchaser's requisitions constituted a breach of contract or an antecedent relevant delay. The court found that the vendor's answers were inaccurate and therefore constituted a breach of contract. However, the court also found that the breach was not relevant to the relative situation of the parties at the time the notice to complete was issued, and therefore did not justify termination of the contract. The court further found that the purchaser was not entitled to issue the requisitions in the first place, as they were not necessary to complete the contract.

The court held that the vendor's breach of contract did not justify termination of the contract, as the breach was not relevant to the relative situation of the parties at the time the notice to complete was issued. The court also held that the purchaser was not entitled to issue the requisitions, as they were not necessary to complete the contract. The court found that the purchaser did not have the capacity to finance the purchase, and therefore the notice to complete was justified on the ground of repudiation. The court ordered that the contract be terminated and that the deposit be returned to the purchaser.

This decision highlights the importance of accurately answering requisitions in a contract for sale of land, as well as the need for purchasers to ensure that they have the capacity to finance a purchase before entering into a contract. It also underscores the need for vendors to ensure that they are not in breach of contract before issuing a notice to complete.