Oaktwig Pty Limited v Williams

[2008] NSWCA 106

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › New points on appeal
3. › Point disclaimed at trial
4. › Whether appellant entitled to revive disclaimed claim on appeal
5. › Whether claim might have been answered by further evidence at trial
1. Contract
2. › Implied terms
3. › Success fee payable on defined event
4. › Whether implied term for fee payable on different event
5. › Consistency with express terms

Quick Take

A claim based on an implied contractual term that was expressly disclaimed at trial cannot be raised on appeal where the opposing party might have led further evidence to rebut it. A success fee payable on a nominated contractual event (here, council approval) is inconsistent with an implied term that the same fee is payable on a different event (here, court approval).