Equuscorp Pty Ltd and Another v. Glengallan Investments Pty Ltd (No B93/2003)

(2004) 211 ALR 101
[2004] HCA 55

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Court:

Judges: Gleeson CJ
McHugh
Kirby
Hayne
Callinan JJ

Subject References:
Contract
Agreements
Whether borrower bound by written agreement or prior oral agreement where written agreement inconsistent with oral agreement
Whether, where direction to lender to pay money to a third party, "real money" must be transferred.
real money

Judgment date: 16 November 2004

Canberra

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Orders

Orders in each matter:

(1)

Appeal allowed.

(2)

Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 27 September 2002 and, in place thereof, order that:

(a)

the appeal to that court is allowed;

(b)

the orders of the primary judge made on 30 November 2001 and 5 March 2002 are set aside; and

(c)

the matter is remitted to the Supreme Court of Queensland for further consideration of the issues not decided at trial.

(3)

Appellants have 14 days from the date of these orders to make written submissions as to costs and the respondents have a further 14 days to make written submissions in answer.