In Alliance Building and Construction Pty Ltd v Veesaunt Property Syndicate 1 Pty Ltd [2024] QCA 75, the Supreme Court of Queensland's Court of Appeal dismissed the appeal brought by Alliance Building and Construction Pty Ltd (the appellant) against Veesaunt Property Syndicate 1 Pty Ltd (the respondent). Central to the dispute was the interpretation and application of contractual clauses in a construction contract relating to the development of residential townhouses. The appellant had challenged the primary judge's decision affirming the contract's continuation despite certain conditions precedent not being met by a specified date. Specifically, the appeal revolved around whether a Notice to Proceed issued by a Superintendent constituted a waiver by the respondent of the need to satisfy these conditions, making the contract binding.
The Court of Appeal, agreeing with the primary court's decision but on slightly different grounds, concluded that the Notice to Proceed effectively waived the unmet conditions, thereby maintaining the contract's enforceability. The focus was on whether the contract became voidable rather than automatically terminated due to non-fulfilment of conditions, with the court finding in favour of the contract remaining in force.