ON 14 MAY 1974, the High Court of Australia delivered Neeta (Epping) Pty Ltd v Phillips [1974] HCA 18; (1974) 131 CLR 286 (14 May 1974).

In a contract for the sale of land in which time is not of the essence, a party seeking to rely on a notice to complete must itself be free of default by way of breach or delay. When such a notice is ineffective, the purchaser’s continued failure to complete does not amount to a repudiation allowing the vendor to rescind.

http://www.austlii.edu.au/au/cases/cth/HCA/1974/18.html

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