Conway v Critchley [2012] NSWSC 1405

Conway v Critchley [2012] NSWSC 1405

There was no agreement or agreements as alleged by the plaintiff; the evidence, contemporary documents, objective probabilities, and commercial reality do not support the existence of a contract for equal shareholding. The plaintiff was not entitled to ownership and possession of the wine storage tanks identified, as most did not exist, and valid title to the two relevant tanks had passed to the second defendant.

Jurisdiction
Australia
Judgment Date
15 November 2012
Procedural Posture
Separate Question / Final Determination After Hearing
Outcome
Plaintiff's claims dismissed
Legal Topics
['contract Formation' 'intention to Create Legal Relations' 'ownership and Possession of Goods']
['contract Law' 'equity'] ['contract Formation' 'intention to Create Legal Relations' 'ownership and Possession of Goods']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Separate Question / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether an agreement was made concerning equal shareholding in the second and third defendants as alleged by the plaintiff' 'Whether the plaintiff is entitled to ownership and possession of certain wine storage tanks']

Ratio Decidendi

There was no agreement or agreements as alleged by the plaintiff; the evidence, contemporary documents, objective probabilities, and commercial reality do not support the existence of a contract for equal shareholding. The plaintiff was not entitled to ownership and possession of the wine storage tanks identified, as most did not exist, and valid title to the two relevant tanks had passed to the second defendant.

Court Disposition

Plaintiff's claims dismissed

Orders

  • ['No agreement or agreements as alleged in paragraph 18 and 19 of the second further amended statement of claim was found.' 'Plaintiff not entitled to ownership and possession of the wine storage tanks identified in the sale and lease back agreement.' 'Plaintiff to pay the costs of the first to fifth defendants of...