Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited

Contract – Repudiation - First respondent was held by the trial judge to have grossly departed from the terms of a contract with the first appellant - First appellant purported to accept a repudiation of that contract - Difference between renunciation of a contract, where a party evinces an inability or unwillingness to render substantial performance of a contract, and repudiation, in the form of a breach justifying termination - Classification of contractual terms for the purpose of determining the consequences of a breach - Whether case was one of breach of a condition or sufficiently serious breach of an intermediate term - Whether breach went to root of contract - Relevance of adequacy of damages as a remedy - Relevance of failure to complain of breaches.

Contract – Termination for breach - Governing principles - Whether class of intermediate or innominate terms should be recognised.

Words and phrases – "repudiation", "renunciation", "condition", "intermediate term".