ETNA and Another v ARIF and Others

2 VR 353·Charles, Callaway and Batt JJA
Purchase
[1999] 2 VR 353
ETNA and Another v ARIF and Others SUPREME COURT OF VICTORIA - COURT OF APPEAL Charles, Callaway and Batt JJA 3, 4 February, 01 July 1999 [1999] VSCA 0099 Contract — Construction — Implied term — Best endeavours — Sale of land — Subdivision — Sale conditional on registration of plan of subdivision by agreed date — Express term requiring vendor to use best endeavours to procure registration of plan by agreed date — Whether implied term requiring vendor to procure registration after agreed date — Rescission — Whether vendor entitled to rescind if in breach of implied term. .

A property developer agreed with each of three purchasers to sell them a unit on a proposed plan of subdivision. There were special conditions of each contract as follows:

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[1999] 2 VR 353

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