Stefanovic v Petrovic

In *Stefanovic v Petrovic* [1989] NSWCA 197, the New South Wales Court of Appeal considered a dispute between the parties concerning a contract for the sale of land. The appellant, Stefanovic, was the vendor and the respondent, Petrovic, was the purchaser. The core of the disagreement revolved around the interpretation and enforceability of certain clauses within the contract, particularly those relating to the settlement of the transaction.

The primary legal issue before the Court of Appeal was whether the contract for the sale of land had been validly terminated by the vendor, Stefanovic, due to the purchaser's alleged failure to comply with the terms of the contract. This involved determining whether the purchaser, Petrovic, had made a proper tender of the purchase money and whether the vendor had provided sufficient notice of any alleged default. The Court also had to consider the implications of any purported waiver of contractual rights by either party.

The Court of Appeal found that the vendor had not validly terminated the contract. It held that the purchaser had made a sufficient tender of the purchase money, and that the vendor's conduct indicated an intention to proceed with the sale, thereby waiving any right to rely on minor technicalities. The principles applied included those relating to the requirements for a valid tender of performance in a contract for the sale of land and the doctrine of waiver, which can preclude a party from enforcing contractual rights where their conduct suggests an intention to abandon those rights.

Ultimately, the Court of Appeal dismissed the vendor's appeal, upholding the decision of the primary judge. The orders made were consistent with the finding that the contract remained on foot and that the vendor was not entitled to terminate it.