› Alleged oral contract formed in telephone conversation between plaintiff and defendant in March 2002
› Held the formation of an express agreement not established on the evidence
› Claim for relief founded on the existence of such an agreement dismissed
Evidence
› Business practice evidence
› Evidence relevant as establishing a business practice which it is likely was put into practice in the particular case in the formation of an oral agreement
› Evidence alternatively advanced as tendency or coincidence evidence
› Relevant principles
Estoppel
› Conventional estoppel
› Whether a common assumption existed as to the entitlement of the agent to an ongoing commission
› Held no such assumption was shared by the plaintiff and the defendant
› Claim for relief based on conventional estoppel dismissed
Torts
› Negligence
› Whether literary agent breached duty of care and skill owed to client
› Held there was a breach of the duty of care by failing to advise client as to the advantages and disadvantages of world rights deals
Case Details
Citation[2018] NSWSC 1884
CourtNSWSC
JurisdictionNew South Wales
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