Rogers v WENTWORTH

In *Rogers v Wentworth*, 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 provide vacant possession as required by the contract.

The central legal issue before the Court of Appeal was whether the vendor had, in fact, provided vacant possession at the settlement date. This involved an examination of the contractual obligations regarding vacant possession and the circumstances surrounding the vendor's actions and the presence of a tenant at the property.

The Court of Appeal found that the vendor had not provided vacant possession as required by the contract. Their Honours reasoned that the presence of a tenant, who had not vacated the premises by the settlement date, constituted a breach of the vendor's obligation to give vacant possession. The Court applied the principle that vacant possession means the property is free from the occupier and their belongings, allowing the purchaser immediate and unrestricted use. Consequently, the Court held that the purchaser was entitled to terminate the contract.