Sullivan v Dan

Sullivan, the appellant, brought proceedings against Dan, the respondent, in the Supreme Court of New South Wales Court of Appeal. The dispute concerned the respondent's alleged breach of a contract for the sale of land. The appellant sought specific performance of the contract.

The primary legal issue before the Court of Appeal was whether the respondent had validly terminated the contract for sale of land due to the appellant's alleged failure to comply with a condition precedent. Specifically, the court had to determine if the appellant had made reasonable endeavours to obtain finance as required by the contract, and if the respondent's purported termination was therefore effective.

The Court of Appeal considered the terms of the contract, particularly the clause requiring the appellant to use reasonable endeavours to obtain finance. The court analysed the evidence presented regarding the appellant's efforts to secure a loan, including the applications made and the responses received from financial institutions. The court applied the principles of contract law concerning conditions precedent and the requirement for reasonable endeavours, finding that the appellant had indeed made reasonable endeavours to obtain finance. Consequently, the court held that the respondent's termination of the contract was wrongful.

The Court of Appeal allowed the appeal, set aside the orders of the primary judge, and ordered that the respondent specifically perform the contract for the sale of land.