CHRISTY v BRADLEY

In the matter of *Christy v Bradley*, the Supreme Court of Victoria was asked to determine a dispute between the parties concerning the interpretation and enforcement of a settlement agreement. The applicant, Christy, sought to enforce the terms of the agreement against the respondent, Bradley.

The central legal issue before the Court was whether the settlement agreement, which included provisions for the payment of a sum of money and the transfer of property, had been validly terminated by the respondent. Specifically, the Court had to consider whether the respondent's conduct constituted a repudiation of the agreement and, if so, whether the applicant had accepted that repudiation.

Judge Mercuri found that the respondent's failure to comply with the payment obligations under the settlement agreement amounted to a repudiation of the contract. The Court reasoned that the respondent's conduct demonstrated an intention no longer to be bound by the essential terms of the agreement. By continuing to pursue performance of the agreement after the breach, the applicant had not accepted the repudiation. Instead, the applicant had affirmed the contract and was entitled to seek its enforcement.

The Court ordered that the settlement agreement be specifically performed.