In contracts for sale of strata lots 'off the plan' conditional on registration of a strata plan 'substantially in accordance with' a draft plan, the comparison is not limited to the 'envelope' of the building or the 'form and function' of units, but extends to the lots, common property and other matters depicted on the strata plan. Where a vendor's obligation to use all reasonable endeavours is a condition precedent to rescission, the principle that a party cannot take advantage of its own wrong operates as a rule of construction requiring a causal connection between the vendor's default and the failure to register, rather than requiring implication of a separate contractual term.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
3 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.