Jung v Son

In *Jung v Son* [1998] NSWCA 120, the New South Wales Court of Appeal considered a dispute between the appellant, Jung, and the respondent, Son, concerning a contract for the sale of a business. The core of the disagreement revolved around whether the respondent had validly terminated the contract due to the appellant's alleged failure to meet certain contractual obligations.

The primary legal issue before the Court of Appeal was whether the respondent's purported termination of the contract was effective. This required the Court to determine whether the appellant had breached the contract in a manner that entitled the respondent to terminate, and if so, whether the respondent had followed the correct procedure for termination as stipulated by the contract.

The Court analysed the terms of the contract and the conduct of the parties. It applied principles of contract law relating to breach, repudiation, and the requirements for valid termination. The Court found that the appellant had not committed a breach that amounted to repudiation of the contract, nor had the respondent strictly complied with the contractual notice provisions for termination. Consequently, the Court held that the respondent's purported termination was invalid.

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge and remitting the matter for further consideration.