The appellant appealed a trial judgment finding that it had repudiated a contract by indicating it would no longer pay the agreed contract price.
The Court of Appeal upheld the trial judge's factual inference that the appellant's conduct, including repeatedly seeking lower quantities and prices, demonstrated an intention not to honour the contract price going forward.
The Court also upheld the finding that the respondent accepted the repudiation by cancelling a shipment and pursuing litigation, and effectively communicated this acceptance.
The appeal was dismissed with costs.
