Nassif & Anor v Fahd & Ors [2007] NSWCA 269

The oral collateral agreement was inconsistent with the written contracts for sale which specified the full purchase price; under established legal authority such collateral agreements are unenforceable.

Jurisdiction: Australia
Judgment Date: 08 October 2007
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed; District Court judgment and orders set aside; judgment for defendants; costs reserved subject to written submissions.
Legal Topics: ['collateral Contracts' 'enforceability of Oral Agreements' 'inconsistency With Written Contracts']

['contract Law' 'property Law'] ['collateral Contracts' 'enforceability of Oral Agreements' 'inconsistency With Written Contracts']

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether an oral collateral agreement is enforceable when inconsistent as to consideration with written contracts for sale of land' 'Whether oral collateral agreement can stand with the written agreement specifying price' 'If the oral collateral contract is invalid due to inconsistency or non-compliance with statutory requirements']

Ratio Decidendi

Court Disposition

Appeal allowed; District Court judgment and orders set aside; judgment for defendants; costs reserved subject to written submissions.

Orders

['Appeal allowed' 'Judgment and orders of the District Court set aside and in lieu thereof judgment for the defendants' 'Reserve further consideration of costs in the District Court and Court of Appeal' "Within 7 days each party to make written submission on costs orders; within further 7 days reply to opponents'...