Skalkos & Anor v Assaf & Anor S45/2002

The High Court of Australia considered an appeal from the Supreme Court of New South Wales in *Skalkos & Anor v Assaf & Anor*. The dispute concerned the enforceability of a contract for the sale of land, specifically whether the purchasers had validly exercised an option to purchase. The purchasers, the Assafs, sought to enforce the contract, while the vendors, the Skalkos, resisted enforcement, alleging the option had not been validly exercised.

The central legal issue before the High Court was whether the purchasers' purported exercise of the option to purchase the land was effective. This involved determining whether the notice of exercise, sent by facsimile, complied with the contractual requirements for valid notice and whether the vendors had waived any objection to the method of service.

The Court examined the terms of the option agreement, which stipulated that notice of exercise was to be given in writing. While the agreement did not specify the mode of delivery, the Court considered whether facsimile transmission constituted valid written notice in the context of the agreement and the parties' conduct. The High Court ultimately found that the facsimile transmission was a valid method of giving notice, and that the vendors, by their subsequent conduct, had waived any right to object to the method of service. The Court applied principles of contract law concerning the formation of agreements, the exercise of options, and the doctrine of waiver.

The High Court dismissed the appeal, upholding the decision of the Supreme Court of New South Wales.