Late delivery of development: repudiatory breach

By Cara Beveridge and Chris Dolan

The recent case of Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings considered how serious a breach of contract needs to be before it can be accepted as a repudiatory breach of contract.

The Court of Appeal identified the factors that need to be considered when making that assessment.

A repudiatory breach of contract entitles the aggrieved party to treat itself as discharged from further obligations under the contract. It does not automatically terminate the contract but that party can elect to either: accept the repudiation and terminate the contract; or affirm the contract, which keeps the contract alive…

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