EPS Constructions Pty Ltd v Mass Holdings Pty Ltd [2015] NSWCA 317

EPS Constructions Pty Ltd v Mass Holdings Pty Ltd [2015] NSWCA 317

The appeal was dismissed because the primary judge's finding that the parties had reached a binding oral agreement for EPS to pay the difference between the amount received from Housing NSW and $8,096,000 to the partners was supported by the evidence. The alleged absence of agreement on timing of payments or treatment of variations did not render the agreement incomplete or unenforceable in the circumstances.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['contract Formation' 'oral Agreement' 'findings of Fact']
['contract Law'] ['contract Formation' 'oral Agreement' 'findings of Fact']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether a binding agreement was reached between the partners and EPS Constructions Pty Ltd' 'Whether the primary judge erred in making findings of fact as to contract formation' 'Whether all essential elements of a binding agreement were present']

Ratio Decidendi

The appeal was dismissed because the primary judge's finding that the parties had reached a binding oral agreement for EPS to pay the difference between the amount received from Housing NSW and $8,096,000 to the partners was supported by the evidence. The alleged absence of agreement on timing of payments or treatment of variations did not render the agreement incomplete or unenforceable in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • ['Appellants to pay the costs of the first and second respondents']