The Court held that a vendor's right to rescind an off-the-plan contract under a sunset clause (where strata documents are not registered by the date for registration 'for any reason') does not extend to circumstances where the failure to register was caused by the vendor's own failure to use reasonable endeavours, construing 'for any reason' as meaning 'for any reason not attributable to the default of the party seeking to rescind'. The Court further held that a vendor's failure to construct a building strictly in accordance with a development consent does not, without more, constitute a breach of the vendor's obligation to use 'reasonable endeavours' to register strata documents by a specified date — the purchaser must establish both a causative link between the want of reasonable endeavours and the failure to register, and that registration could have been achieved by the relevant date had reasonable endeavours been used. On the facts, the purchasers established only a six-week period of delay attributable to want of reasonable endeavours, which was insufficient to show the strata documents could have been registered by any of the relevant dates, and the proceedings were dismissed.
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