Fekala Pty Ltd v Castle Constructions Pty Ltd

[2002] NSWCA 297

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Conveyancing
3. › Vendor and purchaser
4. › Notice to complete
5. › Whether party giving notice to complete can deny its validity
6. › Estoppel
7. › New point on appeal
1. Contract
2. › Conveyancing
3. › Vendor and purchaser
4. › Notice to complete
5. › Whether party giving notice to complete can unilaterally extend time limited by notice
6. › Notice binding on both parties
1. Contract
2. › Conveyancing
3. › Vendor and purchaser
4. › Notice to complete
5. › Waiver of contractual obligation to submit transfer
6. › Need for notice making time of the essence to be explicit
1. Appeal
2. › New point on appeal
3. › Whether new argument should be permitted where evidence could have altered the situation

Quick Take

A party who gives a notice to complete cannot unilaterally extend the time specified in it; both parties are bound by the notice once given. A notice to complete that requires only 'completion' without reference to submission of a transfer waives the contractual requirement to submit a transfer in advance. A party who gives a notice to complete will not be permitted to allege its invalidity for the first time on appeal where evidence of estoppel could have been led below.