Torday v Eather

In the Supreme Court of New South Wales, Torday sought damages against Eather for an alleged breach of contract. The contract in question related to the sale of shares in a company. Torday claimed Eather had breached the terms of the contract by failing to transfer the shares as agreed. Eather defended the claim, arguing there was no valid contract or that any breach was not attributable to him. The court was required to determine whether a binding contract existed between the parties and, if so, whether Eather had breached it.

The court examined the evidence and the terms of any agreements between the parties. It considered whether the necessary elements of a contract—offer, acceptance, intention to create legal relations, and consideration—were present. The court also assessed the specific terms of the alleged contract and whether Eather had complied with those terms. After reviewing the evidence and arguments, the court concluded that either no valid contract existed, or the evidence did not support the claim that Eather had breached any such contract. Consequently, the court found in favour of Eather and dismissed Torday's application.