Yammine v Lantrak Holdings Pty Ltd (No 2)

In Yammine v Lantrak Holdings Pty Ltd (No 2), the plaintiff sought to enforce an alleged oral collateral contract and promissory estoppel against the defendants, claiming that they promised to pay an additional $22 million if the plaintiff entered into a written agreement to sell his business for $13 million. The defendants argued that the alleged oral agreement was inconsistent with the written agreement's entire agreement clause and that the terms of the alleged oral agreement were uncertain. The court found that the plaintiff failed to prove the existence of a collateral contract or promissory estoppel. The court also found that the defendants engaged in misleading or deceptive conduct in trade or commerce, which caused the plaintiff to lose a commercial opportunity to negotiate a better payment. The court awarded the plaintiff $7.25 million in compensation for the contravention of the Australian Consumer Law, together with interest from 12 November 2018, which makes a total judgment sum of $8,730,000. The court also ordered the defendants to pay the plaintiff's costs, subject to the defendants' right to file and serve written submissions limited to two pages together with evidence in support on or before 10 March 2023.

The legal issues in the case were whether the plaintiff proved a collateral contract or promissory estoppel and whether the defendants engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law. The court found that the plaintiff failed to prove the existence of a collateral contract or promissory estoppel because the terms of the alleged oral agreement were uncertain, and the alleged oral agreement was inconsistent with the written agreement's entire agreement clause. The court also found that the defendants engaged in misleading or deceptive conduct in trade or commerce by making a representation that was misleading or deceptive, which caused the plaintiff to lose a commercial opportunity to negotiate a better payment. The court awarded the plaintiff $7.25 million in compensation for the contravention of the Australian Consumer Law, together with interest from 12 November 2018, which makes a total judgment sum of $8,730,000. The court also ordered the defendants to pay the plaintiff's costs, subject to the defendants' right to file and serve written submissions limited to two pages together with evidence in support on or before 10 March 2023.