Computer World (Victoria) Pty Ltd v Internet Centre of Excellence 2000 Pty Ltd [2006] FCA 752

Computer World (Victoria) Pty Ltd v Internet Centre of Excellence 2000 Pty Ltd [2006] FCA 752

The court refused leave to adduce further evidence on appeal because the purported oral agreement contradicted the clear written terms of the credit facility, and such contradiction is not legally permissible absent rectification. The appeal was dismissed as the credit facility established an express or implied trust of the security amount for ICE 2000, and no appealable error was demonstrated in the original decision.

Jurisdiction
Australia
Judgment Date
16 June 2006
Procedural Posture
Appeal / Judgment
Outcome
application for leave to rely on further evidence refused; appeal dismissed
Legal Topics
['breach of Trust' 'express or Implied Trust' 'parol Evidence Rule' 'collateral Oral Agreements' 'misleading or Deceptive Conduct']
['practice and Procedure' 'equity'] ['breach of Trust' 'express or Implied Trust' 'parol Evidence Rule' 'collateral Oral Agreements' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['whether leave to rely on further evidence on appeal should be granted' 'whether the written agreement created a trust of the security amount' 'whether reliance on a collateral oral agreement contradicting a written contract is legally permissible' 'whether the appellant engaged in misleading or deceptive conduct under s 52 of the Trade Practices Act']

Ratio Decidendi

The court refused leave to adduce further evidence on appeal because the purported oral agreement contradicted the clear written terms of the credit facility, and such contradiction is not legally permissible absent rectification. The appeal was dismissed as the credit facility established an express or implied trust of the security amount for ICE 2000, and no appealable error was demonstrated in the original decision.

Court Disposition

application for leave to rely on further evidence refused; appeal dismissed

Orders

  • ['The application for leave to rely upon further evidence be refused.' 'The appeal be dismissed.' "The monies (including all accrued interest) deposited by or on behalf of the appellant with the respondent's solicitors in National Australia Bank Limited Account No 57-991-8581 be released forthwith to the...