NSW Caselaw
New South Wales Court of Appeal
CITATION: Medsara Pty Limited v Sande & Ors [2005] NSWCA 40
HEARING DATE(S): 01/03/05
JUDGMENT DATE: 15 March 2005
JUDGMENT OF: Handley JA at 1; Ipp JA at 2; Young CJ in Eq at 124
DECISION: (1) The appeal is upheld to the extent that the trial judge's order that Medsara pay the Vendors' indemnity costs be set aside and, in lieu thereof, there be an order that Medsara pay the Vendors' costs of the trial (2) The appeal is otherwise dismissed (3) Medsara to pay 90% of the Vendors' costs of the appeal.
CATCHWORDS: CONTRACT - Unilateral mistake - Unconscionable conduct in knowingly taking advantage of another party's mistake - Rectification. - COSTS - Indemnity basis - More than unconscionable conduct must be established. - EVIDENCE - Credibility of witnesses - Failure to testify - Rule in Jones v Dunkel (1959) 101 CLR 298 applies. ND
Harrison v Schipp [2001] NSWCA 13 Jones v Dunkel (1959) 101 CLR 298 Liebler v Air New Zealand Limited (No 2) [1999] 1 VR 1 CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72 Taylor v Johnson (1983) 151 CLR 422 Tutt v Doyle (1997) 42 NSWLR 10
Medsara Pty Limited (Appellant) Joseph & Diane Sande Andrew Terides PARTIES: Esther El-Hage Tony Dbias Shane Hugh Mills James & Sara Moreland (Respondents)
FILE NUMBER(S): CA 40283/04
D F Jackson QC/G Curtin (Appellant) COUNSEL: B Walker SC/M B Evans (Respondents)
Kemp Strang (Appellant) SOLICITORS: Mallesons Stephen Jacques (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate