A party's insistence on an incorrect interpretation of a contract does not constitute repudiation where the other party appeared content with the proposed approach and never communicated a different view before purporting to terminate. The cooperative context in which the allegedly repudiatory intention was communicated is highly relevant. In rent roll sale contracts, a requirement for a document to be 'duly executed by the relevant transferred Property Owner' may be construed as applying only to new appointments and not to assignments, where execution of an assignment by the owner would have no legal effect under the Property Occupations Act 2014 (Qld) and would lack commercial sense.
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