Radin v Follador

In *Radin and Anor v Follador and Anor* [1994] NSWCA 255, the New South Wales Court of Appeal considered a dispute between the appellants, Mr and Mrs Radin, and the respondents, Mr and Mrs Follador. The core of the disagreement concerned the enforceability of a contract for the sale of land, specifically whether the contract had been validly terminated by the purchasers, the Folladors, due to alleged breaches by the vendors, the Radins.

The primary legal issues before the Court of Appeal were whether the Radins had committed a repudiatory breach of the contract for sale, thereby entitling the Folladors to terminate, and if so, whether the Folladors had validly exercised their right to terminate. The court also had to consider the proper measure of damages if the termination was found to be wrongful.

The Court of Appeal, in its reasoning, analysed the conduct of the parties in light of the terms of the contract. It applied principles of contract law concerning repudiation, focusing on whether the Radins' actions demonstrated an intention to be no longer bound by the contract or an inability to perform their essential obligations. The court examined the evidence to determine if the breaches alleged by the Folladors were sufficiently serious to amount to repudiation. The court found that the Radins had not committed a repudiatory breach and that the Folladors' purported termination of the contract was therefore wrongful.

Consequently, the Court of Appeal allowed the appeal, finding that the Folladors had wrongfully repudiated the contract. The court ordered that the Folladors pay damages to the Radins, with the quantum of damages to be assessed.