A contractual clause providing that an agreement is 'at an end' upon non-fulfilment of conditions renders the contract voidable, not void, following Suttor v Gundowda Pty Ltd. The NSW Court of Appeal's qualification in M K & J A Roche — that the Suttor principle applies less powerfully where the disabling event is less likely to result from breach — was rejected as unsupported by High Court authority. Where both parties contribute to non-compliance with a contractual condition (such as by both failing to call a required meeting), neither may rely on that non-compliance to terminate the contract.
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