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

New South Wales Court of Appeal

CITATION : Bredel v Moore Business Systems Australia Limited [2003] NSWCA 117 HEARING DATE(S) : 24/03/2003, 25/03/2003 JUDGMENT DATE : 15 May 2003

JUDGMENT OF : Meagher JA at 1; Handley JA at 2; Santow JA at 3 DECISION : Appeal dismissed. No order as to costs.

CATCHWORDS : CONTRACT - construction of contract - whether the Respondent agreed to pay the Appellant 4% commission on incremental sales "for the life" of certain contracts won by the Appellant - alternatively, whether the Respondent agreed to pay Appellant 4% commission on incremental sales for 1999 of certain contracts won by the Appellant - ESTOPPEL - whether the Respondent represented to the Appellant that he would be paid 4% commission on incremental sales "for the life" of the contracts won for the Respondent - alternatively, whether the Respondent represented to the Appellant that he would be paid a 4% commission on incremental sales for 1999 of certain contracts won by the Appellant - whether the Appellant relied upon representation to his detriment. - EQUITABLE ESTOPPEL - whether the Appellant should be allowed, for the first time on appeal, to make an argument based on equitable estoppel - where argument based on equitable estoppel has fundamental difficulties, including whether there was a detriment, whether there was an inducement and the reasonableness of reliance - COSTS - where sharp and deceitful conduct of successful party - no order as to costs Commonwealth Bank of Australia v Amadio (1983) 151 CLR 447 Foran v Wright (1989) 168 CLR 385 CASES CITED : Hawkins v Clayton (1988) 164 CLR 539 Waltons Stores (Interstate) Ltd v Maher (1990) 170 CLR 394 Way v Latilla [1937] 3 All ER 759 Yorta Yorta v Victoria 77 ALJR 356 PARTIES : Patrick John Bredel (Appellant) Moore business Systems Australia Limited (Respondent) FILE NUMBER(S) : CA 40300/02 COUNSEL : J F Hassett (Solicitor) (Appellant) M F Holmes, QC/ R F Crow (Respondent) SOLICITORS : Hassett Dixon (Appellant) Mallesons Stephen Jaques (Respondent)