Sampson v Zucker

Sampson v Zucker concerned a dispute between a vendor and a purchaser of land. The purchaser, Mr Zucker, sought to terminate the contract of sale on the basis that the vendor, Ms Sampson, had failed to provide a notice of the existence of a registered easement over the property as required by section 88B(3)(b) of the Conveyancing Act 1919 (NSW). The Supreme Court of New South Wales, Court of Appeal, heard the matter.

The primary legal issue before the Court of Appeal was whether the vendor's failure to provide the purchaser with a notice of the registered easement, as stipulated by section 88B(3)(b) of the Conveyancing Act, constituted a breach of a condition precedent to the purchaser's obligation to complete the contract, thereby entitling the purchaser to terminate. The Court also considered the nature of the notice required under the section and whether it had been adequately provided.

The Court of Appeal held that section 88B(3)(b) imposed a condition precedent on the vendor's right to enforce the contract. It reasoned that the purpose of the section was to ensure that a purchaser was fully informed of any easements affecting the land at the time of entering into the contract. The Court found that the notice provided by the vendor was insufficient as it did not clearly and unequivocally inform the purchaser of the existence of the registered easement. Consequently, the purchaser was entitled to terminate the contract.

The Court of Appeal dismissed the vendor's appeal and affirmed the decision of the primary judge, upholding the purchaser's right to terminate the contract.