Milena Ugrenovic v Sinisa Jovanovic

Milena Ugrenovic (the appellant) brought proceedings against Sinisa Jovanovic (the respondent) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the respondent's alleged breach of a contract for the sale of a business.

The primary legal issue before the Court of Appeal was whether the respondent had repudiated the contract for the sale of the business, thereby entitling the appellant to terminate the agreement and claim damages. This involved determining whether the respondent's conduct amounted to a fundamental breach of his contractual obligations.

The Court of Appeal found that the respondent's actions, specifically his failure to complete essential steps required under the contract, constituted a repudiation of the agreement. The Court applied the legal principle that a party's conduct can amount to repudiation if it demonstrates an intention no longer to be bound by the contract or an intention to fulfil it only in a manner substantially inconsistent with his obligations. The Court considered the totality of the respondent's conduct in assessing whether it evinced a clear intention to abandon the contract.

The Court of Appeal allowed the appeal, finding that the respondent had repudiated the contract. The matter was remitted to the Supreme Court for the assessment of damages.