Parkes v Mamo

The case of Parkes v Mamo involved the parties, Parkes as the vendor and Mamo as the purchaser, in a dispute concerning the conditions of sale in a contract of conveyance. Specifically, the central issue was whether the purchasers remained obligated to pay the deposit after the guarantee provided for the deposit expired before the completion of the contract. The court had to determine if the obligation to pay the deposit was suspended until the guarantee's expiry and whether the vendor could terminate the contract due to the purchasers' failure to pay the deposit.

The legal issues before the court encompassed whether the purchasers' conduct constituted a repudiation or abandonment of the contract, and if they were ready, willing, and able to perform their contractual obligations. Additionally, the court needed to consider the equitable remedy of specific performance and whether it could be granted given the circumstances surrounding the guarantee and the deposit.

The court found that the purchasers’ obligation to pay the deposit was indeed suspended until the guarantee expired. However, as the guarantee expired prior to the completion date, the purchasers were no longer subject to the obligation to pay the deposit. Consequently, the vendor was not entitled to terminate the contract for the purchasers' failure to pay the deposit. Furthermore, the court determined that the purchasers had not repudiated or abandoned the contract, and they were ready, willing, and able to perform their obligations. Given these findings, the court granted specific performance, ordering the contract to be completed.