13 OATLEY ROAD PADDINGTON

CONTRACT – building management agreement – whether and when agreement existed – terms of the agreement – incomplete or uncertain terms – statutory illegality – validity of contract under s67 of Strata Schemes Management Act 2015 (NSW) ESTOPPEL – conventional estoppel – reply to defence of statutory illegality – whether defendant estopped from denying it entered into a binding agreement. DAMAGES – claim for loss of profit – whether overhead expenses required to be taken into account proportionately to the business. EVIDENCE – whether Jones v Dunkel inference available against defendant for failure to call evidence from attendees at meeting of content of discussions – reliability of Minute as business record of the defendant. PRACTICE AND PROCEDURE – pleading requirements – whether assertion of incompleteness or uncertainty in contract needs to be pleaded – whether a party, in reply to unpleaded contention of incompleteness, may raise alterative case on date when agreement entered into.