QLDQCA
Coghlan v Pyoanee P/L [2003] QCA 146
[2003] QCA 146
Court of Appeal (Qld)|2003-04-04|Before: McPherson and Williams JJA, and Atkinson JSeparate, reasons for judgment of each member of the Court, Each concurring as to the, order made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-04-04
Before
McPherson and Williams JJA, and Atkinson JSeparate, reasons for judgment of each member of the Court, Each concurring as to the, order made
Catchwords
- CONTRACT – GENERAL CONTRACTUAL PRINCIPLES – INTERPRETATION
- – OTHER MATTERS – whether subsequent agreement
- later found to be
- void for uncertainty rescinded or varied the earlier contract - whether
Source
Original judgment source is linked above.
Catchwords
CONTRACT – GENERAL CONTRACTUAL PRINCIPLES – INTERPRETATION– OTHER MATTERS – whether subsequent agreementlater found to bevoid for uncertainty rescinded or varied the earlier contract - whetheragreement was “entirely inconsistent”with earlier contract –whether agreement disclosed the intent of parties to rescind original agreement– whether anineffective attempt to alter contract should receiveeffectTRADE AND COMMERCE – CONSUMER PROTECTION – MISLEADINGCONDUCT – CHARACTER AND ATTRIBUTES OF CONDUCT – AS TOCONTRCTS -purchaser/borrower’s failure to disclose that he was undeclared bankrupt -whether a duty to disclose exits - whereplaintiff made an activemisrepresentation on an unrelated issue – whether representation aftercontract is formed is relevantSale of Goods Act 1893(Qld), s 17British & Benningtons v North West Cachar Tea Co[1923] AC 48, appliedCommissioner of Taxation v Sara Lee Household& Body Care (Australia) Pty Ltd [2000] HCA 35