Xipolitas v Auburn United Pty Ltd

In *Xipolitas v Auburn United Pty Ltd*, the New South Wales Court of Appeal considered a dispute concerning a contract for the sale of land. The appellant, Xipolitas, was the vendor and the respondent, Auburn United Pty Ltd, was the purchaser. The core of the disagreement revolved around whether the purchaser had validly exercised an option to purchase the land.

The Court was required to determine whether the notice of exercise of the option was effective. Specifically, the issues included whether the notice was given in accordance with the terms of the contract, and if not, whether the vendor had waived strict compliance with those terms or was estopped from relying on non-compliance. The interpretation of the contractual clause governing the exercise of the option was central to these questions.

The Court of Appeal found that the notice of exercise of the option was not given in the manner stipulated by the contract. However, it further held that the vendor's conduct subsequent to the purported exercise of the option amounted to a waiver of the right to insist on strict compliance with the contractual requirements for giving notice. The legal principle applied was that a party can waive a condition for their benefit, and such waiver can be inferred from their conduct.

Consequently, the Court of Appeal dismissed the appeal, upholding the primary judge's finding that the option had been validly exercised.