MySchool Pty Ltd v Rossi Brothers Pty Ltd

MySchool Pty Ltd (MySchool) and Rossi Brothers Pty Ltd (Rossi Brothers) were parties to a dispute concerning a contract for the supply of goods. The case was heard in the Supreme Court of Victoria.

The central legal issue before the Court was whether MySchool had validly terminated the contract with Rossi Brothers. This involved determining whether Rossi Brothers had committed a repudiatory breach of the contract, thereby entitling MySchool to accept the repudiation and terminate the agreement.

The Court considered the terms of the contract and the conduct of Rossi Brothers. It applied the principles of contract law relating to repudiation, which requires conduct that demonstrates an intention no longer to be bound by the contract or to fulfil it only on terms fundamentally different from those agreed. The Court found that Rossi Brothers' conduct did not amount to a repudiatory breach, as it did not evince a clear intention to abandon the contract or to perform it in a manner inconsistent with its essential terms. Therefore, MySchool's purported termination was itself a breach of contract.

The Court ultimately found in favour of Rossi Brothers, holding that MySchool had wrongfully terminated the contract.