Whiteley v Bodycott

In *Whiteley v Bodycott*, 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, alleging a breach by the vendor.

The central legal issue before the Court of Appeal was whether the vendor had breached a condition precedent to the contract, specifically a requirement to obtain vacant possession of the property by a certain date. The Court had to determine the proper interpretation of the contract terms relating to vacant possession and whether the vendor's actions or inactions constituted a repudiation of the contract.

The Court found that the vendor had failed to provide vacant possession by the stipulated date, which was a fundamental term of the contract. This failure was not excused by any subsequent conduct or agreement. Consequently, the Court held that the purchaser was entitled to terminate the contract and was not bound to complete the purchase. The vendor's inability to deliver vacant possession amounted to a repudiatory breach, entitling the purchaser to accept the repudiation and terminate the agreement.