BECHARA v PESKENS [1998] NSWCA 34

BECHARA v PESKENS [1998] NSWCA 34

The appeal was dismissed because the trial judge was entitled to prefer the respondent's version of the contract regarding remuneration and reject the claim that there was a promise to ensure approval without delay, based on credibility and the weight of evidence.

Parties
Appellant: Bechara; Respondent: Peskens
Jurisdiction
Australia
Judgment Date
24 June 1998
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
appeal dismissed
Legal Topics
Oral Contracts, Remuneration of Architects, Contract Interpretation, Appeal on Facts, Credibility of Witnesses
Contract Law Oral Contracts Remuneration of Architects Contract Interpretation Appeal on Facts Credibility of Witnesses

Case Brief

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Parties

Bechara

Appellant

Peskens

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether the architect promised to ensure council approval without delay
  2. 2 What was the agreed remuneration under the oral contract

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to prefer the respondent's version of the contract regarding remuneration and reject the claim that there was a promise to ensure approval without delay, based on credibility and the weight of evidence.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The Registrar is to call up from the Westpac Bank the guarantee lodged as a condition of the stay and release the moneys to the respondent to the extent necessary to satisfy the judgment, including interest.