Reid v Howard

In *Reid v Howard*, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning the sale of a property. The purchaser sought to terminate the contract of sale, alleging that the vendor had failed to comply with a condition precedent.

The central legal issue before the Court of Appeal was whether the vendor's conduct constituted a breach of a condition precedent to the contract, thereby entitling the purchaser to terminate. Specifically, the court had to determine the nature of the condition and whether it had been fulfilled or waived.

The Court of Appeal held that the condition precedent in question was not a condition that could be unilaterally waived by the purchaser. It found that the vendor had not taken all reasonable steps to fulfil the condition, and therefore, the purchaser was entitled to terminate the contract. The court applied principles of contract law concerning conditions precedent and the obligations of parties to ensure their fulfilment.