WALKER v SELL (No.2)

In *Walker v Sell (No.2)*, the Supreme Court of New South Wales considered a dispute between the plaintiff, Walker, and the defendant, Sell. The core of the disagreement concerned the plaintiff's claim for damages arising from the defendant's alleged breach of a contract for the sale of land.

The primary legal issue before the Court was whether the defendant had validly terminated the contract for sale. This involved determining whether the plaintiff had failed to comply with a condition precedent to settlement, specifically the obtaining of a necessary permit, and if so, whether the defendant's purported termination was effective.

Judge Street found that the plaintiff had not fulfilled the condition precedent within the stipulated timeframe. Consequently, the defendant was entitled to terminate the contract. The Court applied the principles of contract law concerning conditions precedent and the consequences of their non-fulfilment, holding that the defendant's actions were a lawful exercise of their contractual rights. The Court therefore dismissed the plaintiff's claim for damages.