Mary, who has run successful women’s fashion shops for many years, is interested in opening a shop in a small beachside suburb in Victoria. She sees a vacant shop in a small suburb not far from the beach at a mall and contacts the landlord, Michael. After several meetings to negotiate, they settle the monthly rental amount along with other terms relating to the commercial lease and the parties come to a verbal agreement. Michael agrees to put their agreement into a formal written lease and have it registered in one month’s time. Six weeks later Mary has still not received the written lease. After three months of waiting for the formal lease Mary decides to lease a different shop. She gives written notice to Michael, who then threatens to sue her for breach of contract.

Does Michael’s conduct amount to repudiation? Refer to case law and/ or relevant legislation