| Wandel v Halloran (SASCFC) - contract - primary judge’s findings as to contract supported by evidence - disconformity between pleaded cases and accepted evidence did not lead to procedural fairness or miscarriage of justice - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Wandel v Halloran [2015] SASCFC 155
Full Court of the Supreme Court of South Australia
Nicholson J; Bampton & Parker JJ
Contract - primary judge found respondents entitled to amounts due under contracts for repair to river crossing and water supply made orally between parties - appellant contended contract claims as found by primary judge were not pleaded and evidence insufficient to establish them - held: primary judge’s findings as to contracts were supported by evidence - disconformity between respondents’ pleaded cases and evidence accepted by primary judge did not give rise to procedural unfairness or miscarriage of justice - appeal dismissed.
Wandel
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