Nock v Maddern [2018] NSWCA 239

Nock v Maddern [2018] NSWCA 239

There was no admission by the respondent of the alleged quantum of debt, the debts prior to April 2008 were statute-barred and not revived or confirmed by correspondence, and no promise or representation giving rise to promissory estoppel was established.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Appeal / Appeal From Orders of the District Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
['agistment' 'contract Variation' 'limitation of Actions' 'promissory Estoppel']
['contract Law' 'equity'] ['agistment' 'contract Variation' 'limitation of Actions' 'promissory Estoppel']

Case Brief

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Procedural Posture

Appeal / Appeal From Orders of the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the respondent admitted the quantum of the debt in writing on 7 January 2014' 'Whether debts incurred prior to April 2008 were revived by later agreement between the parties' "Whether the respondent's email correspondence and conduct gave rise to promissory estoppel"]

Ratio Decidendi

There was no admission by the respondent of the alleged quantum of debt, the debts prior to April 2008 were statute-barred and not revived or confirmed by correspondence, and no promise or representation giving rise to promissory estoppel was established.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "The appellant to pay the respondent's costs."]