A vendor's obligation to use 'best endeavours' to procure registration of a plan of subdivision requires pursuit of all reasonably available statutory mechanisms, including s 173 agreements under the Planning and Environment Act 1987, even where the development involves building works rather than a greenfields subdivision. The obligation is assessed objectively and is not excused by the vendor's failure to seek legal advice or by hypothetical advice that would have been incorrect. A vendor who breaches this obligation cannot rescind the contract under a sunset clause.
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