Stanton v Reibelt

In *Stanton v Reibelt*, 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 comply with a condition precedent.

The primary legal issue before the Court was whether the vendor's conduct constituted a breach of the contract, thereby entitling the purchaser to terminate. Specifically, the Court had to determine if the vendor had taken all reasonable steps to satisfy a condition precedent within the timeframe stipulated by the contract.

The Court of Appeal found that the vendor had indeed failed to take all reasonable steps to fulfil the condition precedent. Applying the principles of contract law, particularly concerning conditions precedent and the implied duty of cooperation, the Court held that the vendor's inaction amounted to a breach. This breach gave the purchaser the right to terminate the contract.

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