Meridien AB Pty Ltd v Jackson (as Trustee for the Jackson Family Trust)

In the case of Meridien AB Pty Ltd v Jackson (as Trustee for the Jackson Family Trust), the dispute concerned the interpretation of section 27 of the Land Sales Act 1984, which allowed a purchaser to avoid a contract if the vendor had not given a registrable instrument of transfer within 3½ years. The applicants sought to avoid the contract, claiming that the vendor had not provided the necessary instrument within the specified timeframe. The respondents argued that the applicants had waived their right to terminate under the section.

The primary legal issues the court had to address were whether section 27 could be interpreted to allow the purchaser to avoid the contract if they had not attended settlement to receive the instrument, and whether the applicants had waived their statutory right to terminate. The court needed to determine the literal and grammatical meaning of the statutory provisions and whether the right to terminate under section 27 was a private right capable of being waived.

The court found that section 27 should be given its literal and grammatical meaning, which did not include an exception for the purchaser's non-attendance at settlement. The court also concluded that the right to terminate under section 27 was a private right capable of being waived, and the applicants' conduct amounted to a waiver of that right. Therefore, the application to avoid the contract was denied.

The court ordered that the application be allowed, meaning that the applicants' right to terminate the contract under section 27 was waived, and the contract remained in effect.