Gladys Hargraves v Susan Eveston [2018] NSWSC 505

Gladys Hargraves v Susan Eveston [2018] NSWSC 505

The Court found, based on the correspondence and lack of credible evidence, that there was no conversation or binding agreement to further defer repayment. Thus, the plaintiff is entitled to judgment for the sum lent plus interest in accordance with the deeds.

Jurisdiction
Australia
Judgment Date
24 April 2018
Procedural Posture
Contract Dispute / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['contract' 'loans' 'family Dispute' 'variation of Contract']
['civil Law'] ['contract' 'loans' 'family Dispute' 'variation of Contract']

Case Brief

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Procedural Posture

Contract Dispute / Principal Judgment

Legal Issues

  1. 1 ['Whether terms of deeds of loan were varied by subsequent conversation between parties' 'Whether the defendant is bound to repay the loan immediately']

Ratio Decidendi

The Court found, based on the correspondence and lack of credible evidence, that there was no conversation or binding agreement to further defer repayment. Thus, the plaintiff is entitled to judgment for the sum lent plus interest in accordance with the deeds.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $1,681,516 plus interest in accordance with the deeds of loan agreement.' "The defendant is to pay the plaintiff's costs." 'Direct the parties to provide the Court with the final judgment figure on or before 8 May 2018 to facilitate judgment being entered in a certain sum...