Shaddick & Ors v Dunsford Investments Pty Limited

The applicants, Donald John Shaddick and others, sought special leave to appeal to the High Court of Australia against a decision of the Court of Appeal. The dispute concerned the interpretation and operation of a condition within a contract of sale and purchase between a vendor and purchaser.

The High Court was required to determine two principal legal issues. Firstly, how condition 21 of the contract of sale and purchase should be construed. Secondly, whether, in light of the approach taken by Priestley J, that particular condition operated at all. The applicants also contended that the case raised a question of importance regarding the operation of a contract condition relating to service via the DX mechanism, particularly once the item has been received in a DX box.

The applicants' argument focused on the construction of condition 21(a)(iii) of the contract. They presented materials including the contract itself, an abstracted version of the relevant condition, and a timeline of key dates. They sought to distinguish the present case from *Miller v Barrellan*, a case considered relevant by the primary judge and the majority in the Court of Appeal, by highlighting differences in the contractual conditions. The applicants also referred to Supreme Court rules and amendments to the Conveyancing Act concerning the DX mechanism.