Bachmann v Copeman

In *Bachmann v Copeman* [1994] NSWCA 15, the New South Wales Court of Appeal considered a dispute between the appellant, Bachmann, and the respondent, Copeman. The case concerned the appellant's claim for damages for breach of contract, arising from the respondent's alleged failure to complete certain building works.

The primary legal issue before the Court of Appeal was whether the respondent had breached the building contract by failing to complete the works within a reasonable time, and if so, what damages were recoverable by the appellant. The court also had to consider whether the appellant had repudiated the contract, thereby excusing the respondent's non-performance.

The Court of Appeal found that the respondent had indeed breached the contract by failing to complete the works within a reasonable time. It was held that the appellant had not repudiated the contract, and that the respondent's failure to perform constituted a fundamental breach. The court applied principles of contract law relating to the implied term of reasonable time for performance and the consequences of a material breach. The court determined that the appellant was entitled to damages for the loss suffered as a result of the respondent's breach.