Selby & Selby

Selby & Selby concerned a dispute between Selby & Selby (the plaintiff) and the respondent, concerning the plaintiff's claim for damages for breach of contract. The matter came before McClelland J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the respondent had breached the terms of a contract by failing to pay the plaintiff the agreed commission for services rendered. The plaintiff contended that the respondent's actions constituted a repudiation of the contract, entitling the plaintiff to claim damages.

McClelland J considered the terms of the contract and the conduct of the parties. His Honour found that the respondent's failure to pay the commission was a clear breach of the contract. The court applied the principle that a party's failure to perform a fundamental term of a contract can amount to a repudiation, giving the innocent party the right to terminate the contract and claim damages for loss of bargain.

The court ordered that the respondent pay damages to the plaintiff in the amount of the outstanding commission, together with interest and costs.