A contract for the sale of land in Sydney required the purchaser to pay the deposit in two instalments, the first on exchange and the second “on the 4th month after the contract date”. The purchaser paid the first instalment on time but the second a few days late. The vendor’s subsequent attempt to terminate the contract for breach was met by a specific performance claim by the purchaser. 6 St James Hall Counsel, David Rayment with Andrew Smorchevsky represented the vendor in the appeal. The NSW Supreme Court upheld the decision of the primary judge and found in favour of the respondent vendors, positing the purchaser’s payment was to be considered late under the contract and allowed for termination.

Reasons for the decision can be found here.