Riddle v White Constructions Pty Ltd

In Riddle v White Constructions Pty Ltd, the dispute involved the sale of a property under a contract for sale, specifically concerning an "off the plan" purchase. The purchaser, Riddle, had entered into a contract to buy a lot, but the vendor, White Constructions Pty Ltd, required the acquisition of additional land to complete the subdivision and achieve registration. The central issue was whether the vendor could legitimately demand that the purchaser acquire the additional land as part of the purchase. Another issue was whether the vendor's termination of the contract, following the purchaser's refusal to acquire the additional land, constituted a wrongful repudiation, entitling the purchaser to a refund of the deposit.

The court considered whether the contract terms permitted the vendor to require the purchaser to acquire additional land. The court found that the original contract did not include a provision for the purchaser to acquire additional land. Therefore, the vendor's requirement for the purchaser to acquire the additional lot was not justified under the terms of the contract. The court also examined the vendor's right to terminate the contract and found that the termination was a wrongful repudiation. The purchaser had not breached the contract by refusing to acquire the additional land, as this was not a condition of the original agreement. As a result, the purchaser was entitled to a refund of the deposit.

In conclusion, the court held that the vendor was not entitled to require the purchaser to acquire additional land as part of the purchase. The termination of the contract by the vendor was deemed a wrongful repudiation. Consequently, the court ordered that the purchaser was entitled to a refund of the deposit. The vendor was directed to return the deposit to the purchaser within a specified period.