B & R Stevens Transport Pty Ltd v Burkitt

[2016] NSWCA 259

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Oral agreements
3. › Sale of chattel
4. › Collateral agreements
5. › Whether oral side deal inconsistent with written invoice
6. › Whether invoice constituted full expression of parties' obligations
1. Contract
2. › Oral agreements
3. › Terms of agreement
4. › Whether sale included goodwill component
5. › Significance of references to 'goodwill' in ancillary documents
1. Appeal
2. › Appeal from judge alone
3. › Standard of appellate review
4. › Whether appeal by way of rehearing requires finding that primary judge was wrong
5. › Warren v Coombes (1979) 142 CLR 531

Quick Take

A document prepared for the purpose of disbursement instructions at settlement, which is not signed by both parties and does not purport to record the parties' bargain, is not a contractual document capable of rendering an oral side agreement invalid under the collateral contract rule. References to 'goodwill' in ancillary documents such as loan applications and GST agreements do not override unchallenged findings as to the actual terms of an oral agreement.