Page v Vanker

In *Page v Vanker and Anor* [1990] NSWCA 143, the New South Wales Court of Appeal considered a dispute between the appellant, Page, and the respondents, Vanker and another. 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 respondents had established a claim for breach of contract and, if so, whether the quantum of damages awarded was appropriate. Specifically, the court had to determine if a binding agreement existed between the parties and the nature of the obligations arising from that agreement.

The Court of Appeal analysed the evidence presented at trial concerning the communications and conduct of the parties. It applied principles of contract law, focusing on offer, acceptance, and consideration, to ascertain whether a legally enforceable contract had been formed. The court also considered the principles governing the assessment of damages for breach of contract, including the rule in *Hadley v Baxendale* regarding remoteness of damage.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings that a breach of contract had occurred and that the damages awarded were not excessive.