Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd

• 1. Contract
  2. › Construction
  3. › Oral contract
  4. › Terms of oral agreement
  5. › Commission rate
  6. › Whether fixed rate for duration of contract or discretionary discount
  7. › Whether primary judge's finding as to terms should be disturbed on appeal
• 1. Contract
  2. › Variation
  3. › Mutual assent
  4. › Conduct as acceptance of variation
  5. › Knowledge of increased rates
  6. › Continued trading over extended period
  7. › Whether conduct manifested acceptance of variation
• 1. Contract
  2. › Variation
  3. › Consideration
  4. › Mutual abandonment of existing rights
  5. › Foregoing benefits of original contract
  6. › Incurring liability for increased commission
• 1. Evidence
  2. › Rule in Browne v Dunn
  3. › Documentary evidence
  4. › Whether witness on notice of allegation
  5. › Whether rule requires cross-examination
  6. › Whether judge obliged to accept unchallenged evidence

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