Recent Cases

Rose v Manno Kingsway Pty Limited as trustee for the Manno Kingsway Unit Trust [2025] NSWCA 23 (27 February 2025) (Bell CJ, Mitchelmore and Adamson JJA)


Catchwords:


CONTRACTS – Formation – Intention to create legal relations – “Fourth category” of Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 – Whether emails exchanged prior to formal loan agreement established an intention immediately to be bound

CONTRACTS – Formation – Consideration – Past consideration – Where advance made nine days prior to execution of formal loan agreement – Whether loan agreement supported by consideration – Whether earlier advance constituted past consideration in respect of the formal loan agreement

ESTOPPEL – Conventional estoppel – Where purported concession made in cross-examination – Where purported concession conflicted with contemporaneous documents – Whether purported concession provided a basis for a conventional estoppel claim