Purcell v Tullett Prebon (Aust) Pty Ltd

Purcell v Tullett Prebon (Aust) Pty Ltd concerned a dispute between an employee, Mr. Purcell, and his employer, Tullett Prebon (Aust) Pty Ltd. Mr. Purcell had been employed under a fixed-term contract and had walked out of his employment. The central issue was whether Mr. Purcell's actions constituted a repudiation of the contract, thereby terminating it, or if the contract remained on foot. The matter was heard on appeal.

The Court of Appeal was required to determine whether Mr. Purcell's conduct in walking out of his employment amounted to a repudiation of his fixed-term employment contract. This involved considering the legal consequences of such an action in the context of an employment agreement that had a specified duration.

The Court reasoned that a repudiation of a contract requires conduct that demonstrates an intention no longer to be bound by its terms. In this instance, the Court found that Mr. Purcell's walkout, while a breach of contract, did not necessarily evince an intention to abandon the contract entirely or to refuse to perform its essential obligations for the remainder of its term. The Court applied the principle that a mere breach, even a serious one, does not automatically amount to repudiation. The employer's acceptance of the repudiation is also a necessary step for termination.

The appeal was dismissed, and the employer was awarded costs.