McWILLIAM & ORS v PENTHOUSE PUBLICATIONS LTD & ORS [2001] NSWCA 237

McWILLIAM & ORS v PENTHOUSE PUBLICATIONS LTD & ORS [2001] NSWCA 237

The appeal failed because (1) the contract was not varied; (2) ADM was in continuous and repudiatory breach of the contract, entitling PPL to terminate on 30 August 1982; (3) no unlawful act or intention to injure was established to support a claim of conspiracy; and (4) there was no evidence to prove the elements of actionable conspiracy or causative damages; thus the trial judge's decision to dismiss the proceedings was correct.

Jurisdiction
Australia
Judgment Date
04 July 2001
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['conspiracy to Injure' 'conversion' 'contract Termination' 'promissory Estoppel' 'standing to Sue']
['tort Law' 'contract Law'] ['conspiracy to Injure' 'conversion' 'contract Termination' 'promissory Estoppel' 'standing to Sue']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Was the contract varied in June 1980 or any time thereafter?' 'Was ADM in continuous default under the contract from January 1982 until 30 August 1982?' 'Was PPL entitled on 30 August 1982 to terminate the contract by reference to clause 23 or repudiation?' 'Did the appellants establish agreement to do an unlawful act and intention to injure necessary for actionable conspiracy?' 'Did the appellants prove damage and causation?' 'Was the first respondent released by deed on 28 October 1982?']

Ratio Decidendi

The appeal failed because (1) the contract was not varied; (2) ADM was in continuous and repudiatory breach of the contract, entitling PPL to terminate on 30 August 1982; (3) no unlawful act or intention to injure was established to support a claim of conspiracy; and (4) there was no evidence to prove the elements of actionable conspiracy or causative damages; thus the trial judge's decision to dismiss the proceedings was correct.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']