Brownlie v Merrick [2000] NSWCA 258

Brownlie v Merrick [2000] NSWCA 258

The Agreement and its release clause did not evince an intention to release Mr Brownlie from his obligation under the deed of indemnity; only specific matters in dispute were covered by the Agreement, and there was no basis for inferring a wider release.

Jurisdiction
Australia
Judgment Date
11 September 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['deed of Indemnity' 'release by Later Agreement']
['contract Law'] ['deed of Indemnity' 'release by Later Agreement']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the indemnifier (Mr Brownlie) was released from his obligation under the deed of indemnity by the later agreement']

Ratio Decidendi

The Agreement and its release clause did not evince an intention to release Mr Brownlie from his obligation under the deed of indemnity; only specific matters in dispute were covered by the Agreement, and there was no basis for inferring a wider release.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' 'Appellant to pay costs']