AYOUB v Windlock Pty Ltd

In the matter of *Ayoub v Windlock Pty Ltd*, the plaintiff, Mr. Ayoub, brought proceedings against the defendant, Windlock Pty Ltd, alleging breach of contract. The dispute concerned the defendant's failure to complete certain building works by the agreed date. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the defendant had breached the building contract by failing to complete the works within the stipulated timeframe. This involved determining whether time was of the essence in the contract and, if so, whether the defendant's delay constituted a repudiatory breach, entitling the plaintiff to terminate the contract and claim damages.

Judge Street found that the contract did not expressly make time of the essence. However, the court considered the surrounding circumstances and the conduct of the parties, concluding that the delay in completion was substantial and had deprived the plaintiff of the benefit he would have received had the contract been performed on time. Consequently, the court held that the defendant's delay amounted to a repudiatory breach of contract. The plaintiff was therefore entitled to accept the repudiation, terminate the contract, and claim damages for the losses incurred as a result of the breach.