Wednesday, January 11, 2012

Contract – oral v written

The NSW Court of Appeal has followed the High Court in Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] 218 CLR 471 in holding that prior oral terms contradicting subsequent written ones cannot stand as a partly oral and partly written contract. Any oral consensus is discharged by the subsequent written. [Case ref: Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406.]

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