Although the date for determining whether the time set out in a notice to complete is adequate or not is the time at which the notice is issued and not the date of the contract made (O’Conner v Slattery [1981] 2 NSWLR 447), this special condition may be useful in recording the parties intentions about time at the date of the contract.

This precedent has been authored for LexisNexis by Daniela Terruso, Director, Intelmar and Peter Kirsop, Special Counsel, MRM Lawyers.

This document is prepared with the assistance of General Editor Christopher Conolly, Partner, TressCox Lawyers and Specialist Editor, Peter Rosier, Principal, Rosier Partners Lawyers.