L. N. E. Cunneen & Co Pty Ltd v Blackburn [2018] NSWCA 211
The parties did not vary their informal agreement to include a 10% capital growth share term; appellant has no entitlement to a capital growth share, and costs were properly awarded to appellant for respondents’ cross-claim since merits were not finally determined and no procedural injustice found.
- Jurisdiction
- Australia
- Judgment Date
- 27 September 2018
- Procedural Posture
- Appeal / Principal Judgment – Appeal and Cross Appeal From Supreme Court Decision
- Outcome
- Appeal dismissed with costs; cross-appeal dismissed with costs.
- Legal Topics
- ['contract Formation' 'contract Variation' 'remuneration Agreements' 'contracts Review Act 1980 (nsw)' 'costs Discretion']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Principal Judgment – Appeal and Cross Appeal From Supreme Court Decision
Legal Issues
- 1 ['Whether the parties varied an informal agreement to include a 10% share in the capital growth of assets' 'Whether findings of fact by the primary judge were erroneous' 'Whether costs should follow the event for a cross-claim under Contracts Review Act 1980 (NSW)']
Ratio Decidendi
The parties did not vary their informal agreement to include a 10% capital growth share term; appellant has no entitlement to a capital growth share, and costs were properly awarded to appellant for respondents’ cross-claim since merits were not finally determined and no procedural injustice found.
Court Disposition
Appeal dismissed with costs; cross-appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs' 'Cross-appeal dismissed with costs']
Full Case Text
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