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DAVID EATON TURNER (instructed by Nelsons) for the Claimants JOHN GREAGER, solicitor-advocate, AMANDA HADKISS and TED LOVEDAY (instructed by Maddox Legal) for the Defendants Hearing dates: 10, 11, 14, 15, 16, 17, 18 November 2022 Written submissions provided on 27 November 2022, 3 December 2022 and 9 December 2022 ____________________
i) The law as to serious or material breaches of contract is summarised in Chitty on Contracts (34 th edn.) at 25-057 � 25-059 and that Chitty is correct to say at 25-059 that a material breach is something less than a repudiatory breach, and that a material breach is a serious breach;
ii) A serious or material breach is one that has ' serious effect on the benefit which the innocent party would otherwise derive from performance of the contract in accordance with its terms ': Hanger Holdings v Perlake Corpn SA [2021] Bus LR 544 at [40] � [41].
As to whether any breach is capable of remedy, the Defendantsreferred me to L Schuler AG v Wickman Machine Tool Sales [1974] AC 235 . At [249], Lord Reid said this:
i) A serious breach is a material breach which is more than trivial but something less than a repudiatory breach.
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