Wilcox v Richardson

In *Wilcox v Richardson*, 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 provide vacant possession by the settlement date. The vendor contended that the purchaser was not entitled to terminate the contract and sought to enforce the sale.

The central legal issue before the Court of Appeal was whether the vendor's failure to deliver vacant possession of the property by the stipulated settlement date constituted a breach of contract that entitled the purchaser to terminate the agreement. This involved an interpretation of the contractual term requiring vacant possession and the consequences of its non-performance.

The Court of Appeal held that the vendor's obligation to give vacant possession was a condition of the contract. As the vendor had not provided vacant possession by the settlement date, the purchaser was entitled to terminate the contract. The Court applied the principle that where a contract for the sale of land includes an express term requiring vacant possession by a certain date, failure to comply with this term amounts to a fundamental breach, allowing the innocent party to rescind the contract. The Court found that the purchaser had validly exercised their right to terminate.