Robinson v Tame

In *Robinson v Tame* [1994] NSWCA 266, 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, alleging a breach by the vendor.

The central legal issue before the Court of Appeal was whether the vendor had breached a condition precedent to the contract, thereby entitling the purchaser to terminate. Specifically, the court had to determine if the vendor had taken all reasonable steps to obtain a necessary approval within the stipulated timeframe.

The Court of Appeal held that the vendor had not breached the contract. It reasoned that the vendor had, in fact, taken all reasonable steps to obtain the required approval, even though it was not secured within the contractual period. The court applied the principle that a party is not in breach of a condition precedent if they have acted reasonably and diligently in attempting to fulfil the condition, even if the outcome is not as desired. The focus was on the vendor's conduct and efforts, rather than the ultimate success in obtaining the approval.

Consequently, the Court of Appeal found that the purchaser was not entitled to terminate the contract and dismissed the appeal.