Sayed v McArthur & Anor [2020] NSWDC 12

Sayed v McArthur & Anor [2020] NSWDC 12

The plaintiff’s evidence was found entirely uncorroborated and lacking in credibility. The court concluded that the incidents of assault, battery, threats, breach of contract, and property disposal as alleged by the plaintiff did not occur, or were not established by reliable or corroborative evidence. Consequently, none of the plaintiff’s claims were made out against either defendant.

Parties
Plaintiff: Bill Sayed; First Defendant: Nicole Susan McArthur; Second Defendant: Nigel John Reddin
Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Principal Judgment / Final Decision at Trial
Outcome
The proceedings be dismissed. The plaintiff to pay the defendants' costs.
Legal Topics
Trespass to Person, Battery, Assault, Breach of Contract, Disposal of Property, Issue of Credit
Tort Contract Trespass to Person Battery Assault Breach of Contract Disposal of Property Issue of Credit

Case Brief

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Parties

Bill Sayed

Plaintiff

Nicole Susan McArthur

First Defendant

Nigel John Reddin

Second Defendant

Procedural Posture

Principal Judgment / Final Decision at Trial

Legal Issues

  1. 1 Whether the first defendant assaulted and battered the plaintiff on various occasions
  2. 2 Whether the second defendant threatened the plaintiff (the Maroubra incident)
  3. 3 Whether the first defendant breached a contract regarding proceeds from the sale of a VW Golf

Ratio Decidendi

The plaintiff’s evidence was found entirely uncorroborated and lacking in credibility. The court concluded that the incidents of assault, battery, threats, breach of contract, and property disposal as alleged by the plaintiff did not occur, or were not established by reliable or corroborative evidence. Consequently, none of the plaintiff’s claims were made out against either defendant.

Court Disposition

The proceedings be dismissed. The plaintiff to pay the defendants' costs.

Orders

  • The proceedings be dismissed.
  • The plaintiff to pay the defendants’ costs.