Willis v Crosland
Court of Appeal
Sifris, Walker JJA and Macaulay AJA
23/11/2021
[2021] VSCA 320
Contract — Sale of land — Termination by purchaser — Claim by purchaser for return of deposit paid — Express right to terminate by notice contingent on purchaser at time of notice being ‘not then in default’ — Purchaser sought to terminate soon before deadline for performance — Whether purchaser entitled to return of deposit — Whether termination valid and effective — Whether purchaser ‘in default’ — Whether purchaser repudiated contract — Whether repudiation a ‘default’ — Whether purchaser ‘ready, willing and able’ to perform contract — Whether being ‘ready, willing and able’ to perform bore upon ability to terminate pursuant to express provision in contract
Sale of land — Contract — Standard form — Termination — Whether termination valid and effective — Provision in contract allowing termination where purchaser obtained report designating current defect in structure on land as ‘major building defect’ — Report identified ‘major defects’ — Whether report provided proper basis for termination — Whether exact form of wording required in report — Whether existence of ‘major building defect’ ascertainable from substance of report
Read the judgment here.