Lewis v Federal Commissioner of Land Tax [1914] HCA 12

Lewis v Federal Commissioner of Land Tax [1914] HCA 12

The Court held that it was open to the learned judge on the evidence to find that payment of commission was contingent on the land realizing £8 per acre, and since that condition was not met, no commission was payable.

Parties
Appellant: Coles; Respondent: Adeney
Jurisdiction
Australia
Judgment Date
17 March 1914
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Commission Agreement, Oral Contract, Burden of Proof
Contract Law Commission Agreement Oral Contract Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Coles

Appellant

Adeney

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether commission at 15% was payable irrespective of the price realized for the land
  2. 2 Whether the trial judge was correct in his factual finding based on oral evidence

Ratio Decidendi

The Court held that it was open to the learned judge on the evidence to find that payment of commission was contingent on the land realizing £8 per acre, and since that condition was not met, no commission was payable.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.