Wardy v Hardy

The dispute in *Wardy v Hardy* concerned a contract for the sale of land, where the purchaser sought specific performance of an option to purchase contained within a lease. The vendor resisted the claim, alleging the purchaser had rescinded the contract. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the vendor had taken all reasonable steps to procure the registration of a subdivision plan within the time stipulated by the contract, and whether the vendor's obligations were discharged by demonstrating that any non-compliance stemmed from the failure of an independent contractor. The court also considered whether the purchaser was entitled to rescind the contract.

The court found that the vendor had not satisfied their contractual obligation to ensure the subdivision plan was registered within the specified timeframe. The vendor's argument that the delay was caused by an independent contractor was rejected, as the contractual obligation was absolute and not contingent on the performance of third parties. Consequently, the vendor was not entitled to rely on the independent contractor's failure as an excuse for non-performance. The court also determined that the purchaser had not validly rescinded the contract.

The appeal was dismissed, and the vendor was ordered to pay the costs of the appeal.