Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406

Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406

A prior oral agreement that contradicts a subsequent written agreement cannot vary, override, or coexist as part of the final contractual arrangement; the written contract represents the complete agreement between the parties in such circumstances.

Jurisdiction
Australia
Judgment Date
12 December 2011
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['oral Agreement' 'variation of Written Agreement' 'parol Evidence Rule' 'partly Oral and Partly Written Contract' 'collateral Contract']
['contract'] ['oral Agreement' 'variation of Written Agreement' 'parol Evidence Rule' 'partly Oral and Partly Written Contract' 'collateral Contract']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether an oral agreement alleged prior to entering a written agreement could vary or contradict the written agreement' 'Whether the contract was partly oral and partly in writing']

Ratio Decidendi

A prior oral agreement that contradicts a subsequent written agreement cannot vary, override, or coexist as part of the final contractual arrangement; the written contract represents the complete agreement between the parties in such circumstances.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']