A vendor who has not satisfied a condition precedent to settlement, or who is in breach of conditions or serious intermediate terms that are antecedent to the purchaser's obligation to settle, cannot serve an effective notice to complete. The purchaser may terminate without demonstrating readiness, willingness and ability to settle where the vendor's breaches are antecedent to, rather than concurrent with, the settlement obligation. A contractual obligation to remove 'its property materials and rubbish' from land extends to property of third parties permitted on the land by the vendor, and carries an implied obligation not to deposit further material after the date of contract.
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