Donald Crone & Associates Pty Limited v Bathurst City Council (Unreported, Land and Environment Court), Cripps J held that: “The existence of the covenant and the agreement is, in my opinion, a matter which can be taken into account by the determining authority pursuant to … the Environmental Planning and Assessment Act in the course of its [...]

The common law rule is that any difference between the land described in the contract and the land to be actually conveyed constitutes a defect that entitles the purchaser to rescind. Vendors must be careful to protect themselves with effective defects clauses to avoid having contracts terminated in reliance on this rule. 
In Vella v Ayshan [...]

In a 2008 case the Court of Appeal considered whether a decree for specific performance should have been made when there was no breach of contract, or a reasonable apprehension of breach.
The appellant vendor was a share-title home unit company. The vendor and purchaser entered a contract for the purchase of shares allowing the purchaser [...]