Recent Cases

Fisher v Degnan [2022] NSWCA 202 (11 October 2022) (Macfarlan and Kirk JJA, Basten AJA)


CONTRACTS — Contracts requiring written evidence — Statute of frauds — Contract said to record agreement for sale of land — Family arrangement — Construction — Whether contract was an agreement for sale of land — Whether a clause headed “Recitals” was an operative provision — Whether contract a note or memorandum of agreement

APPEALS — Point not taken below — Whether point taken below — Whether claim, though pleaded, proceeded on a different basis at trial