Manasseh v David

In *Manasseh v David* [1995] NSWCA 268, the New South Wales Court of Appeal considered a dispute between the appellant, Manasseh, and the respondent, David. The case concerned an appeal against a judgment of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent had established a claim for breach of contract and, if so, whether the primary judge had correctly assessed the damages awarded. The court also considered whether the primary judge had erred in dismissing the appellant's cross-claim.

The Court of Appeal analysed the evidence presented at trial concerning the alleged breach of contract, focusing on the terms of the agreement between the parties and the conduct of the appellant. The court applied principles of contract law, including the requirements for establishing a breach and the principles governing the assessment of damages. The court found that the primary judge had not erred in their findings regarding the breach of contract or the assessment of damages, and that the dismissal of the cross-claim was also correct.

Consequently, the appeal was dismissed, and the orders of the Supreme Court were affirmed.