DOUGLAS v SUPER DIVISION DEMOLITION [1997] NSWCA 94

DOUGLAS v SUPER DIVISION DEMOLITION [1997] NSWCA 94

The appellant's failure to either prove the amount of profit or obtain an order for accounts rendered his claim unproved and the appeal could not succeed.

Parties
Appellant: Mr Douglas; First Respondent: Super Division Demolition; Second Respondent: Chris Theos; Third Respondent: Peter Theos
Jurisdiction
Australia
Judgment Date
02 May 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Claim for Share of Profits, Failure to Prove Amount, Failure to Order Accounts, Appeal Procedure
Contract Law Civil Procedure Claim for Share of Profits Failure to Prove Amount Failure to Order Accounts Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Douglas

Appellant

Super Division Demolition

First Respondent

Chris Theos

Second Respondent

Peter Theos

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant proved his entitlement to a specific amount of profit
  2. 2 Whether the trial should have ordered accounts
  3. 3 Whether alleged misconduct of respondents was proved

Ratio Decidendi

The appellant's failure to either prove the amount of profit or obtain an order for accounts rendered his claim unproved and the appeal could not succeed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.