Recent Cases

Douglas v Mikhael [2024] NSWCA 89 (24 April 2024) (Ward P, Mitchelmore JA and Basten AJA)


CONTRACTS – Formation – Oral contract – Whether evidence of conversation alleged to have occurred in 1999 in which alleged agreement was reached was plausible – Whether primary judge erred in considering surrounding circumstances to determine the existence of the contract

EVIDENCE – Witness evidence – Affidavits – Where affidavit evidence of two witnesses included identical paragraphs – Whether primary judge erred in rejecting evidence of appellant’s witness

APPEALS – Procedural fairness – Apprehended bias – Whether primary judge’s interjections during witness examination amounted to a denial of procedural fairness to the appellant or gave rise to a reasonable apprehension of bias