BRAHAM v WRIGHT [1990] NSWCA 30

BRAHAM v WRIGHT [1990] NSWCA 30

The trial judge’s acceptance of the respondent’s evidence and credibility regarding the existence of an oral contract was unexaminable by the appellate court, and no compelling piece of evidence was offered to disturb the findings; therefore, the appeal must be dismissed.

Parties
Respondent: Wright; Appellant: Braham; Second Respondent: Ashley and Martin (SA) Pty Ltd
Jurisdiction
Australia
Judgment Date
23 March 1990
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed with costs
Legal Topics
Oral Agreement, Credibility of Witnesses, Sale of Options
Contract Law Oral Agreement Credibility of Witnesses Sale of Options

Case Brief

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Parties

Wright

Respondent

Braham

Appellant

Ashley and Martin (SA) Pty Ltd

Second Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether an oral contract for sale of options existed between Wright and Braham
  2. 2 Determination of credibility between conflicting witness accounts

Ratio Decidendi

The trial judge’s acceptance of the respondent’s evidence and credibility regarding the existence of an oral contract was unexaminable by the appellate court, and no compelling piece of evidence was offered to disturb the findings; therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.