Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406 Hearing dates: 12 December 2011 Decision date: 12 December 2011 Before: Beazley JA at [1]; [18]; [20] Macfarlan JA at [2] Meagher JA at [19] Decision: The appeal is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - appellants alleged that oral agreement was made immediately prior to parties entering into written letter agreement - oral agreement contradicted terms of written letter agreement in relevant respects - whether possible for earlier oral agreement to vary subsequent written agreement - whether agreement between the parties was partly oral and partly in writing Cases Cited: Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] HCA 55; 218 CLR 471 Gates v City Mutual Life Assurance Society Ltd [1986] HCA 3; 160 CLR 1 Hoyt's Pty Ltd v Spencer [1919] HCA 64; 27 CLR 133 State Rail Authority (NSW) v Heath Outdoor Pty Ltd (1986) 7 NSWLR 170 Category: Principal judgment Parties: Skyrise Consultants Pty Ltd (First Appellant) Vincent Pang (Second Appellant) Metroland Funds Management Ltd (First Respondent) Heng Ji Australia Investments Pty Ltd (Second Respondent) Representation: Counsel: C Lonergan (Appellants) K Dawson (Respondents) Solicitors: William Chan & Co Lawyers (Appellants) Elson Pow & Associates (Respondents) File Number(s): CA 2010/106014 Decision under appeal Citation: Metroland Funds Management Ltd v Skyrise Consultants Pty Ltd [2011] NSWSC 343 Date of Decision: 2011-04-19 00:00:00 Before: Windeyer AJ File Number(s): SC 2010/106014