Elder & Ors v Cameron & Anor [2007] NSWSC 743

Elder & Ors v Cameron & Anor [2007] NSWSC 743

The diary note and correspondence established that Mr Myers had actual authority, and alternatively ostensible authority, from Ms Crane to write the relevant letters on her behalf. The representations in the letters of 1 May 2006 and 4 October 2006 were therefore admissible as admissions against Ms Crane. On that evidence, Ms Crane made an offer for release of the funds in consideration of payment of costs to her solicitors and releases by the other parties, that offer as varied was accepted by execution of the deed of indemnity, and a binding contract was formed.

Jurisdiction
Australia
Judgment Date
09 July 2007
Procedural Posture
Equity Division Proceedings Concerning Release of Trust Funds and Enforcement of an Agreement Relating to Sale Proceeds / Ex Tempore Judgment After Hearing
Outcome
Evidence admitted. Judgment for plaintiffs against second defendant with costs.
Legal Topics
['admissibility of Hearsay as Admissions' 'authority of Solicitors' 'ostensible Authority' 'formation of Contract' 'release of Trust Funds']
['evidence' 'contract' 'equity'] ['admissibility of Hearsay as Admissions' 'authority of Solicitors' 'ostensible Authority' 'formation of Contract' 'release of Trust Funds']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Proceedings Concerning Release of Trust Funds and Enforcement of an Agreement Relating to Sale Proceeds / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether letters written by Cameron & Myers were admissible against Ms Crane as admissions under the Evidence Act 1995.' "Whether Ms Crane's solicitors had actual or ostensible authority to make representations and enter into an agreement on her behalf." 'Whether a contract was formed for release and distribution of the funds held in the joint trust account.']

Ratio Decidendi

The diary note and correspondence established that Mr Myers had actual authority, and alternatively ostensible authority, from Ms Crane to write the relevant letters on her behalf. The representations in the letters of 1 May 2006 and 4 October 2006 were therefore admissible as admissions against Ms Crane. On that evidence, Ms Crane made an offer for release of the funds in consideration of payment of costs to her solicitors and releases by the other parties, that offer as varied was accepted by execution of the deed of indemnity, and a binding contract was formed.

Court Disposition

Evidence admitted. Judgment for plaintiffs against second defendant with costs.

Orders

  • ['In accordance with the deed of indemnity signed by all parties other than the second defendant, being annexure CAE 4 to the affidavit of Christopher Andrew Elder sworn on 27 October 2006, the first defendant sign a withdrawal form for the payment of the money invested in the names of the first, second and third...