Recent Cases

TMA Australia Pty Limited v 100% Bottling Company Pty Ltd [2024] NSWCA 80 (17 April 2024) (Bell CJ, Leeming JA and Basten AJA)


APPEAL – finding that appellant’s main witness unreliable – whether evidence as to business practice affected – reliance on commerciality – inferences drawn from circumstances and context – failure of trial judge to be satisfied of case for party bearing onus of proof – absence of basis to reject findings of fact

CONTRACTS – formation – contract alleged to have been formed by exchange of emails – respondent disputed the existence of the two emails – no electronic record of emails – only explanation of absence from respondent’s server was deletion prior to migration to cloud in 2017 – deletion not relied on by appellant – hardcopy of emails relied on by appellant – irregularities between disputed emails and undisputed emails – belated discovery implausible