Walton v Momot

In *Walton v Momot* [1997] NSWCA 334, 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 of Appeal was whether the vendor's conduct constituted a repudiation of the contract, thereby entitling the purchaser to terminate. This involved an examination of the nature of the condition precedent and the vendor's actions in relation to its fulfilment.

The Court of Appeal held that the vendor's failure to take reasonable steps to fulfil the condition precedent amounted to a repudiation of the contract. The Court applied the principle that where a party to a contract prevents the fulfilment of a condition precedent, or fails to take reasonable steps to ensure its fulfilment, they may be taken to have repudiated their obligations under the contract. This repudiation gave the purchaser the right to terminate the agreement.