Page v Vanker

In *Page v Vanker and Anor* [1990] NSWCA 142, the New South Wales Court of Appeal considered an appeal concerning a dispute over a contract for the sale of land. The appellant, Page, sought to appeal a decision of the primary judge that had found in favour of the respondents, Vanker and Anor.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that a binding contract for the sale of land had been formed, and if so, whether the respondents were entitled to specific performance of that contract. The court also had to consider whether certain conditions precedent to the contract had been satisfied or waived.

The Court of Appeal, in its reasoning, analysed the correspondence exchanged between the parties and the conduct of the parties in light of established principles of contract law. The court affirmed that for a binding contract to exist, there must be a clear offer and acceptance, and an intention to create legal relations. The court found that the primary judge had correctly applied these principles and that the evidence supported the conclusion that a binding agreement had been reached. The court further held that the conditions precedent had been waived by the conduct of the parties, entitling the respondents to specific performance.

The appeal was dismissed, and the orders of the primary judge were affirmed.