WHITE v CULLEN [1989] NSWCA 232

WHITE v CULLEN [1989] NSWCA 232

The appeal should be dismissed because the appellant has not demonstrated sufficient error to justify intervention; the primary judge's findings on credibility and external evidence support the existence of an oral contract, and the documentary evidence does not compel a contrary conclusion.

Parties
Plaintiff: Mr Cullen; Defendant: Mrs White
Jurisdiction
Australia
Judgment Date
11 May 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Oral Contract, Written Contract, Variation of Contract, Contract Formation, Fact Finding
Contract Law Oral Contract Written Contract Variation of Contract Contract Formation Fact Finding

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Cullen

Plaintiff

Mrs White

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the parties were governed by an oral 'do-and-charge' contract or an imperfectly executed written contract
  2. 2 Whether the primary judge's findings of fact and credibility should be overturned

Ratio Decidendi

The appeal should be dismissed because the appellant has not demonstrated sufficient error to justify intervention; the primary judge's findings on credibility and external evidence support the existence of an oral contract, and the documentary evidence does not compel a contrary conclusion.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded against appellant