What did Stephen, Mason and Jacob JJ hold in respect of DTR Nominee's claim against Mona Homes in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it and DTR Nominees was not, at that time, ready, will and able to perform the contract. Mona Homes had repudiated the contract but DTR Nominees could not terminate because it was not, at that time, ready, willing and able to perform the contract. Mona Homes had repudiated the contract and DTR Nominees had the right to terminate. Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it, but they had seriously breached an intermediate term.
What did Stephen, Mason and Jacob JJ hold in respect of DTR Nominee's claim against Mona Homes in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following
Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it and DTR Nominees was not, at that time, ready, will and able to perform the contract.
Mona Homes had repudiated the contract but DTR Nominees could not terminate because it was not, at that time, ready, willing and able to perform the contract.
Mona Homes had repudiated the contract and DTR Nominees had the right to terminate.
Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it, but they had seriously breached an intermediate term.
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