Perronnet v Goedemans

[2025] VSCA 28

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Appeal by rehearing
3. › Nature of appeal by rehearing
4. › Real review of evidence and reasons
5. › Whether trial judge's findings of fact erroneous
6. › Whether findings glaringly improbable or contrary to compelling inferences
7. › Supreme Court Act 1986 (Vic), s 17(2)
1. Contract
2. › Formation
3. › Alleged oral agreement
4. › Competing accounts of events
5. › Whether agreement established on the evidence
6. › Post-contractual conduct
7. › Admissibility and weight of post-contractual conduct on question of contract formation
1. Contract
2. › Formation
3. › Post-contractual conduct
4. › Whether post-contractual conduct pointed to agreement
5. › Whether post-contractual material provided basis to doubt credibility

Quick Take

Post-contractual communications that are unilateral, self-serving, or inconsistent with the alleged agreement may undermine rather than support a party's case for the existence of an oral contract, and text messages to third parties unknown to the other contracting party cast no light on the communications between the parties at the time of the alleged agreement.