Bavulo Pty Limited v Zhang Property Pty Limited

[2025] NSWCA 9

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Equitable remedies
3. › Specific performance
4. › Contract for sale and purchase of land
5. › Notice to complete
6. › Whether vendor's breach of obligation to provide notice of attornment disentitled vendor from issuing notice to complete
7. › Whether obligation was condition precedent to completion
1. Contract
2. › Sale of land
3. › Notices to complete
4. › Disentitling breach
5. › Whether breach relevant to or connected with securing of completion
6. › Contract for the sale and purchase of land 2022 edition, cl 24.4.3

Quick Take

A vendor's failure to provide a notice of attornment under cl 24.4.3 of the 2022 edition standard form contract for sale of land does not disentitle the vendor from issuing a valid notice to complete, because the obligation is not a condition precedent to completion and time is not of the essence for that obligation.