Recent Cases

O’Connor v O’Connor [2022] NSWCA 97 (17 June 2022) (Bell CJ, Ward P and Leeming JA)


Catchwords:


APPEAL – plaintiffs claimed damages for breach of agreement to issue shares – primary judge dismissed claim but indicated alternative case which might succeed – whether primary judge ought to have upheld claim based on alternative case – whether alternative case subject of concession at trial – whether concession wrongly elicited by primary judge – whether concession ought be permitted to be withdrawn on appeal – appeal dismissed