10 Jun 2008
DENARAU INVESTMENTS LIMITED V TREVOR ALLAN LUDLOW AND CAROL ANNE BRAITHWAITE AND ANOR CA CA501/07
- Citation
- openlaw-23722530_032d_4d70_a215_d6824d1e7cea.pdf
- Court
- Court of Appeal
The 20 October 2006 letter, read in its contractual context, plainly ruled out performance at the contract price and thus constituted a clear statement that Denarau did not intend to perform; Denarau did not exercise its contractual cancellation right but indicated refusal to perform, so the communications amounted to repudiation entitling the purchasers to cancel and recover deposits; summary judgment upholding that result was correct.