Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd

[2011] NSWCA 406

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Relationship between prior oral agreement and subsequent written agreement
4. › Whether prior oral agreement can vary subsequent written contract
5. › Whether contract partly oral and partly in writing where oral terms contradict written terms
1. Contract
2. › Parol evidence rule
3. › Oral terms contradicting written agreement
4. › Whether parol evidence rule precludes reliance on prior inconsistent oral terms
1. Contract
2. › Collateral contracts
3. › Limitation that collateral contract may not contradict terms of main contract

Quick Take

A prior oral agreement that contradicts the terms of a subsequent written agreement executed by the same parties is discharged by the written agreement. The contract cannot be characterised as partly oral and partly in writing where the oral and written terms are contradictory. A collateral contract defence is unavailable where the alleged collateral terms contradict the main written contract.