Nock v Maddern [2018] NSWCA 239

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nock v Maddern [2018] NSWCA 239 Hearing dates: 22 March 2018 Decision date: 25 October 2018 Before: Leeming JA at [1]; White JA at [2]; Sackville AJA at [57] Decision: Appeal dismissed with costs. Catchwords: CONTRACT – Agistment for cattle – Where rate of agistment was agreed in 1986 – Where new rate was proposed in 2010 by email – Where response to proposal did not clearly accept new rate – Where cattle remained on property – Whether subsequent email correspondence admitted a quantum of debt owing at the new rate – Whether subsequent email correspondence revived debts that were otherwise statute-barred – ESTOPPEL – Whether email gave rise to promissory estoppel – Whether any clear and unequivocal representation arose – Where primary judge held that there was no reliance or detriment – Appeal dismissed Legislation Cited: District Court Act 1973 (NSW), s 44(1)(a)) Law Reform (Law and Equity) Act 1972 (NSW) Limitation Act 1969 (NSW), ss 14, 54 Cases Cited: Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Foran v Wight (1989) 168 CLR 385 Gerace v Auzhair Supplies Pty Ltd (in liq) (2014) 87 NSWLR 435; [2014] NSWCA 181 Legione v Hateley (1983) 152 CLR 406 Saleh v Romanous (2010) 79 NSWLR 453; [2010] NSWCA 274 Walker v Wilsher (1889) 23 QBD 335 Texts Cited: Bullen & Leake, Precedents of Pleadings, 3rd ed (1868) Category: Principal judgment Parties: Lawrence Nock (Appellant) Robert Maddern (Respondent) Representation: Counsel: T Crispin (Appellant) I R Coleman SC (Respondent)