Richardson v Ford

In *Richardson v Ford*, 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 a contractual obligation to provide vacant possession of the property on the settlement date. This involved an interpretation of the contract terms and the legal meaning of "vacant possession" in the context of the property being occupied by a tenant at the time of settlement.

Justice Smith found that the vendor had indeed breached the contract. His Honour reasoned that the presence of a tenant, even one with a right to occupy the property, meant that the vendor could not deliver vacant possession as required by the contract. The court applied the principle that vacant possession requires the vendor to give up all possession and control of the property, not merely to transfer title. Consequently, the purchaser was entitled to terminate the contract and claim damages.