George Pegios v Simon Rez [2022] NSWSC 837

George Pegios v Simon Rez [2022] NSWSC 837

George Pegios bore the onus of proving the alleged oral loan but the Court was not reasonably satisfied that the loan conversation occurred. George was found not to be a trustworthy or convincing witness, his conduct was inconsistent with the existence of a due loan, there was no objective written material characterising the payments as a loan, Simon Rez's account was supported by contemporaneous circumstances and by Uyanik's unchallenged affidavit, and Simon's evidence on the disputed conversations was not challenged in cross-examination. The proceedings against Reka Consultants Pty Limited also fell to be dismissed because the contention that Reka was a borrower, or jointly liable, was...

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Contract Claim for Repayment of Alleged Oral Loan and Interest / Principal Judgment After Hearing
Outcome
Proceedings dismissed
Legal Topics
['alleged Oral Loan Agreement' 'proof of Spoken Words Founding a Cause of Action' 'briginshaw Standard' 'credibility of Witnesses' 'dismissal of Proceedings' 'costs']
['contract' 'evidence' 'civil Procedure'] ['alleged Oral Loan Agreement' 'proof of Spoken Words Founding a Cause of Action' 'briginshaw Standard' 'credibility of Witnesses' 'dismissal of Proceedings' 'costs']

Case Brief

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Procedural Posture

Contract Claim for Repayment of Alleged Oral Loan and Interest / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether George Pegios lent Simon Rez $170,000 in 2017 pursuant to an oral agreement for repayment after about two years with interest at 5% per annum.' 'Whether the alleged conversation on which the loan claim depended was proved to the reasonable satisfaction of the Court.' 'Whether the $170,000 paid to Reka Consultants Pty Limited was a loan to Simon Rez or was paid under an arrangement to warehouse money for George Pegios.']

Ratio Decidendi

George Pegios bore the onus of proving the alleged oral loan but the Court was not reasonably satisfied that the loan conversation occurred. George was found not to be a trustworthy or convincing witness, his conduct was inconsistent with the existence of a due loan, there was no objective written material characterising the payments as a loan, Simon Rez's account was supported by contemporaneous circumstances and by Uyanik's unchallenged affidavit, and Simon's evidence on the disputed conversations was not challenged in cross-examination. The proceedings against Reka Consultants Pty Limited also fell to be dismissed because the contention that Reka was a borrower, or jointly liable, was...

Court Disposition

Proceedings dismissed

Orders

  • ['The proceedings are dismissed.' "George Pegios is provisionally ordered to pay both Simon Rez's and Reka Consultants Pty Limited's costs of the proceedings, with the order to solidify seven days after delivery of judgment unless another costs order is sought in writing."]