Frumar v Guilfoyle Developments Pty Limited [2014] NSWCA 225

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Frumar v Guilfoyle Developments Pty Limited [2014] NSWCA 225 Hearing dates: 4 February 2014 Decision date: 15 July 2014 Before: Beazley P at [1]; Emmett JA at [101]; Bergin CJ in Eq at [109] Decision: Appeal 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 - Variation of contractual relations - whether variation partly written and partly oral - whether variation written only - whether terms agreed

CONTRACTS - Variation of contractual relations - Agreements contemplating execution of formal document - Masters v Cameron

APPEAL - Interference with judge's findings of fact - where findings based on credibility of witness Cases Cited: Brambles v Holdings Ltd v Bathurst City Council [2001] NSWCA 61; 53 NSWLR 153 Eccles v Bryant [1948] Ch 93 Masters v Cameron [1954] HCA 72; 91 CLR 353 Category: Principal judgment Parties: Geoffrey Craig Frumar (Appellant) Guilfoyle Developments Pty Limited (Respondent) Representation: Counsel: G A Sirtes SC; J P Knackstredt (Appellant) M B J Lee SC; W V McManus (Respondent) Solicitors: Geoffrey C Frumar & Associates (Appellant) Harris Freidman (Respondent) File Number(s): CA 2012/391409 Decision under appeal Jurisdiction: 9111 Citation: Guilfoyle Developments Pty Ltd v Geoffrey Craig Frumar [2012] NSWSC 859; [2012] NSWSC 1455 Date of Decision: 2012-12-10 00:00:00 Before: Nicholas J File Number(s): 2011/377547