In Queensland, once a condition precedent in a contract for the sale of land has failed without default by either party, the vendor's right of termination (arising under the Suttor v Gundowda / Gange v Sullivan principles) cannot be defeated by the purchaser's subsequent purported waiver of the condition, even where the condition was inserted primarily for the purchaser's benefit. A purchaser who wishes to preserve the contract must waive the condition before the date fixed for its fulfilment. The question remains open at the High Court level, with the dissent of Philip McMurdo J providing a detailed contrary analysis supported by dicta from multiple High Court judgments.
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