Pascoe v Maynes

In *Pascoe v Maynes*, the Supreme Court of Queensland considered a dispute between a vendor and a purchaser concerning the sale of a property. The purchaser sought to terminate the contract, alleging a breach by the vendor.

The central legal issue before the Court was whether the vendor had breached the contract by failing to provide vacant possession of the property on the settlement date. This required the Court to interpret the terms of the contract, specifically the clause relating to vacant possession, and to determine the legal effect of the vendor's actions in relation to the property's occupancy at settlement.

Judge Barnes found that the contract required the vendor to deliver the property free from any encumbrances or occupants at the time of settlement. The evidence established that a tenant remained in possession of the property on the settlement date, and the vendor had not taken sufficient steps to ensure the tenant vacated. Consequently, the Court held that the vendor had breached the contract by failing to provide vacant possession.

The Court ordered that the purchaser was entitled to terminate the contract and recover their deposit.