Judge Manners of the District Court of Queensland must decide whether delay in performance of a contract for services amounts to a fundamental breach of contract. The issue is regulated by the common law. Her Honour is faced with the following four cases, all of which concerned similar facts to the facts of the present case:

1. Angus v Bennett, a 1977 decision of the Privy Council in which it was held that delay did amount to fundamental breach.

2. Cameron v Donald, a 1989 decision of the High Court of Australia heard on appeal from the New South Wales Court of Appeal. The High Court unanimously disagreed with the decision in Angus v Bennettand instead held that a delay in performance was not a fundamental breach in that case.

3. Elmer v Francis, a 1992 decision of the New South Wales Court of Appeal. In that case the Court found that delay did amount to fundamental breach.

4. Ivan v Jackson, a 2021 decision of the Queensland Court of Appeal. Owing to the untimely death of one of the three justices who heard the case, only two justices, the Chief Justice and the President of the Court of Appeal, decided the case. The President of the Court of Appeal decided the case consistently with Cameron v Donald. The Chief Justice referred to Cameron v Donald but declined to follow it.

Analyse the precedential value of the above cases and conclude by advising Manners J which case she should follow.