Krahe v Manfate Pty Ltd [2016] NSWCA 363

Krahe v Manfate Pty Ltd [2016] NSWCA 363

The primary judge's finding that a fixed price contract was implausible given lack of detail, variables, and approval, and preference for the respondent's evidence over the appellants' was supported by the probabilities viewed objectively and has not been shown to be in error; the appeal fails.

Parties
First Appellant: Peter Krahe; Second Appellant: Paula Joanne Krahe; First Respondent: Manfate Pty Limited trading as Tom Murphy Builder
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Oral Contract, Fixed Price Contract Vs Estimate, Admissibility of Evidence of Prior Dealings, Credibility and Interpretation of Affidavit Evidence
Building and Construction Law Contract Law Oral Contract Fixed Price Contract Vs Estimate Admissibility of Evidence of Prior Dealings Credibility and Interpretation of Affidavit Evidence

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Parties

Peter Krahe

First Appellant

Paula Joanne Krahe

Second Appellant

Manfate Pty Limited trading as Tom Murphy Builder

First Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the contract between the parties was a fixed price contract or a 'do and charge' contract
  2. 2 Whether evidence of prior dealings was admissible and relevant
  3. 3 Whether the credibility assessment and interpretation of affidavit evidence by the primary judge was erroneous

Ratio Decidendi

The primary judge's finding that a fixed price contract was implausible given lack of detail, variables, and approval, and preference for the respondent's evidence over the appellants' was supported by the probabilities viewed objectively and has not been shown to be in error; the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Costs to be assessed on the indemnity basis.