Sahyoun v Toscano

In *Sahyoun v Toscano* [1995] NSWCA 410, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning a contract for the sale of land. The purchaser had purported to terminate the contract, and the vendor sought to enforce it.

The central legal issue before the Court of Appeal was whether the purchaser had validly terminated the contract for sale of land. This involved determining whether the vendor had breached a condition of the contract, thereby entitling the purchaser to terminate.

The Court of Appeal found that the vendor had not breached the contract in a manner that would justify termination by the purchaser. The reasoning focused on the interpretation of the contractual terms and the nature of the alleged breach. The Court applied principles of contract law relating to conditions precedent and the consequences of their breach. The appeal was allowed, and the orders of the primary judge were set aside.