Warne v ACN 603 541 411 Pty Ltd trading as Chandlers International Lawyers

• 1. Contract
  2. › Formation
  3. › Oral agreements
  4. › Alleged oral variation of written retainer
  5. › Whether oral agreement to cap legal fees at $60,000 was established
  6. › Whether oral agreement to 'punt' fees on no win no fee basis was established
  7. › Preference for contemporaneous documents over honest recollection
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact
  4. › Where primary judge preferred contemporaneous documents over witness recollection
  5. › Whether primary judge erred in factual findings
• 1. Evidence
  2. › Proof
  3. › Contemporaneous documents
  4. › Weight to be given to contemporaneous documents in commercial causes over recollection of witnesses of oral conversations
• 1. Appeal
  2. › Further evidence on appeal
  3. › Whether special grounds exist for admission of further evidence
  4. › Uniform Civil Procedure Rules 2005 (NSW), r 51.51

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