Bredel v Moore Business Systems Australia Limited [2003] NSWCA 117

Bredel v Moore Business Systems Australia Limited [2003] NSWCA 117

The Appellant had no contractual entitlement to a 4% commission for the life of the contracts or for 1999, and failed to establish either legal or equitable estoppel. The express terms of the 1998 remuneration plan did not entitle the Appellant to ongoing commission. Equitable estoppel could not be advanced for the first time on appeal, and in any event lacked the necessary elements, including detriment and induced expectation.

Parties
Appellant: Patrick John Bredel; Respondent: Moore Business Systems Australia Limited
Jurisdiction
Australia
Judgment Date
15 May 2003
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Contract, Commission Entitlements, Equitable Estoppel, Estoppel by Representation, Costs
Contract Law Equity Construction of Contract Commission Entitlements Equitable Estoppel Estoppel by Representation Costs

Case Brief

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Parties

Patrick John Bredel

Appellant

Moore Business Systems Australia Limited

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Respondent agreed to pay the Appellant 4% commission on incremental sales 'for the life' of certain contracts won by the Appellant
  2. 2 Whether Respondent agreed to pay Appellant 4% commission on incremental sales for 1999 of certain contracts
  3. 3 Whether Respondent represented Appellant would be paid 4% commission 'for the life' of contracts

Ratio Decidendi

The Appellant had no contractual entitlement to a 4% commission for the life of the contracts or for 1999, and failed to establish either legal or equitable estoppel. The express terms of the 1998 remuneration plan did not entitle the Appellant to ongoing commission. Equitable estoppel could not be advanced for the first time on appeal, and in any event lacked the necessary elements, including detriment and induced expectation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.