Sarelius v Tao

In *Sarelius v Tao* [1991] NSWCA 241, the New South Wales Court of Appeal considered a dispute between the appellant, Sarelius, and the respondent, Tao. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the respondent had established a claim for breach of contract. Specifically, the court had to determine if the respondent had proven that a binding agreement existed between the parties and, if so, whether the appellant had breached the terms of that agreement.

The Court of Appeal analysed the evidence presented at trial concerning the formation of the alleged contract. It applied principles of contract law, including the requirements for offer, acceptance, and consideration, to determine whether a legally enforceable agreement had come into existence. The court also considered the evidence relating to the alleged breach and the resulting damages.

The Court of Appeal dismissed the appeal, upholding the primary judge's finding that a breach of contract had occurred and that the respondent was entitled to damages.