Condor Developments Pty Ltd v Helsby

[2010] WASCA 16

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation
3. › Building contract
4. › Off-the-plan apartment purchase
5. › Conditions precedent
6. › Whether conditions satisfied only if events occurred within stipulated time periods
7. › Effect of viability condition dependent on satisfaction of prior conditions
1. Contract
2. › Construction and interpretation
3. › Objective theory of interpretation
4. › Ascertaining common intention of parties
5. › Where language open to two constructions
6. › Preference for construction avoiding capricious or unreasonable results

Quick Take

Where a contract makes an agreement conditional upon events occurring within stipulated time periods, a reference elsewhere in the contract to the 'satisfaction' of those conditions means the occurrence of the events within the stipulated time limits, not merely the eventual occurrence of the events. A developer's right under a viability clause that is contingent on satisfaction of prior conditions does not arise if those conditions were never satisfied within their time limits, even if the developer waived its right to terminate for non-satisfaction of those conditions.