Quigley v Lunchalot Club Pty Ltd [2015] FCA 1421

Quigley v Lunchalot Club Pty Ltd [2015] FCA 1421

The $75,000 advanced by Mr Quigley was made as a short term loan repayable within a reasonable time, and as there was no requirement to establish 'the company is in a position to do so' for this sum, it is presently repayable. The $50,000 advance was made under different terms and is only repayable when the company is in a position to do so, which was not proven.

Parties
Applicant/cross Respondent: Shane Quigley; First Respondent: Lunchalot Club Pty Ltd (ACN 154 977 885); Second Respondent/cross Claimant: Richard Tenser
Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Civil / Judgment After Final Hearing
Outcome
Partly in favour of the applicant
Legal Topics
Repayment of Advances, Contract Formation, Conditions Precedent, Shareholders Agreement, Repudiation, Damages
Contract Law Repayment of Advances Contract Formation Conditions Precedent Shareholders Agreement Repudiation Damages

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Parties

Shane Quigley

Applicant/cross Respondent

Lunchalot Club Pty Ltd (ACN 154 977 885)

First Respondent

Richard Tenser

Second Respondent/cross Claimant

Procedural Posture

Civil / Judgment After Final Hearing

Legal Issues

  1. 1 Whether there was more than one contract between the parties
  2. 2 Whether the sums advanced by Mr Quigley were repayable and under what terms
  3. 3 Whether there was a breach of contract by either party

Ratio Decidendi

The $75,000 advanced by Mr Quigley was made as a short term loan repayable within a reasonable time, and as there was no requirement to establish 'the company is in a position to do so' for this sum, it is presently repayable. The $50,000 advance was made under different terms and is only repayable when the company is in a position to do so, which was not proven.

Court Disposition

Partly in favour of the applicant

Orders

  • The first respondent pay to the applicant the sum of $75,000 within 21 days of the date of these orders by tender of a bank cheque in that sum.
  • On tender of the sum referred to in Order 1, the applicant tender a signed registrable Transfer of all shares in the first respondent registered in the names of the applicant or any person associated with the applicant in favour of the second respondent or as the second respondent directs.