Sentinel Orange Homemaker Pty Ltd v Davis Investment Group Holdings Pty Ltd (in liquidation) [2021] NSWSC 550 — Construction And Interpretation & Termination — Barrister AI

Sentinel Orange Homemaker Pty Ltd v Davis Investment Group Holdings Pty Ltd (in liquidation)

[2021] NSWSC 550

Supreme Court of NSW

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Interrogate

Catchwords

1. Contracts
2. › construction and interpretation
3. › contract for sale of land
4. › condition precedent that purchaser obtain a development approval by 31 March 2020
5. › Council approved development on 17 March 2020
6. › development approval informally notified to purchaser by following day
7. › signed development approval documents not sent to purchaser until 2 April 2020
8. › held that purchaser did not obtain development approval by 31 March 2020
9. › condition precedent not satisfied
1. Contracts
2. › termination
3. › principle that a party cannot exercise contractual right in reliance upon event resulting from its own default
4. › purchaser required to use all reasonable endeavours to obtain development approval
5. › purchaser terminated contract due to lack of development approval
6. › substantial chance that purchaser would have obtained development approval had they used reasonable endeavours
7. › held that purchaser not entitled to terminate contract
1. Land Law
2. › deposits
3. › contract for sale of land
4. › purchaser paid $100,000 deposit
5. › purchaser’s wrongful termination constituted repudiation
6. › vendor accepted repudiation and terminated contract
7. › vendor entitled to deposit

Case Details

Citation[2021] NSWSC 550

CourtNSWSC

JurisdictionNew South Wales

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Cited by6

2026Crossland v Auctus Resources Pty LtdQSC 74
2025Alamdo Holdings Pty Ltd v Reece Australia Pty LtdNSWSC 946
2023Piety Developments Pty Ltd v Cumberland City Council (No 3)NSWSC 1627
2021Generosity Beverages Pty Ltd v Mare Custodian Company Pty LtdNSWSC 484
and 2 more after sign-in

Relies on16

2017Tamanna v Zattere; Thakorlal v Zattere; Rabac Pty Ltd v ZattereNSWSC 1388
2017Abourjaily v Parkview Estate Pty LtdNSWSC 1256
2016Al Achrafi v TopicNSWSC 1807
2014Electricity Generation Corporation v Woodside Energy LtdHCA 7
and 12 more after sign-in

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