Schwartz v Hadid [2013] NSWCA 89

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Schwartz v Hadid [2013] NSWCA 89 Hearing dates: 14 March 2013 Decision date: 03 May 2013 Before: Basten JA at [1] Macfarlan JA at [12] Meagher JA at [66] Decision: Orders in the Joint Venture Proceedings No 2011/226988: (1) Grant Dr Schwartz leave to appeal. (2) Direct that the Notice of Appeal filed by him on 28 November 2011 stand as his Notice of Appeal. (3) Appeal allowed. (4) Set aside the judgment entered in favour of Mr Hadid at first instance and the order made at the same time that Dr Schwartz pay Mr Hadid's costs of the proceedings to date. (5) Judgment for Dr Schwartz in the proceedings. (6) Order Mr Hadid to pay Dr Schwartz's costs of the proceedings at first instance and on appeal. (7) Grant Mr Hadid a certificate under the Suitors' Fund Act 1951, if he is qualified. Orders in the Loan Proceedings No 2010/99772: Mr Hadid's cross-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: CONTRACTS - construction and interpretation of contracts - use of extrinsic evidence - Deed of Agreement contained clause that appellant had 'agreed at his discretion to buy one or more properties' - whether recourse to a prior proposal and oral negotiations permitted in construction of the Deed of Agreement - whether language of deed ambiguous - whether proposal and conversations were mutually known surrounding circumstances - whether contract was partly in writing and partly oral - whether recital in Deed of Agreement incorporated any prior agreement