Glynis Carrier v John Georges & Anor [2013] NSWSC 401

Glynis Carrier v John Georges & Anor [2013] NSWSC 401

The plaintiff failed to prove with sufficient precision the words actually spoken by John Georges, and the court preferred Georges' account of the conversations. On that account no express or implied threat, illegitimate pressure, or agreement to stifle prosecution was conveyed. The plaintiff therefore did not establish that the payments were induced by duress, and the second amended statement of claim was dismissed.

Jurisdiction
Australia
Judgment Date
24 April 2013
Procedural Posture
Civil Claim for Money Had and Received as Money Paid Under Duress / Principal Judgment After Hearing on Second Amended Statement of Claim
Outcome
Plaintiff's claims dismissed.
Legal Topics
['duress' 'illegitimate Pressure' 'threat to Report to Police' 'stifling Prosecution' 'burden of Proof' 'reliance on Spoken Words']
['contract' 'restitution'] ['duress' 'illegitimate Pressure' 'threat to Report to Police' 'stifling Prosecution' 'burden of Proof' 'reliance on Spoken Words']

Case Brief

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Procedural Posture

Civil Claim for Money Had and Received as Money Paid Under Duress / Principal Judgment After Hearing on Second Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the first defendant threatened to report Derek Wales to police or have him charged unless money was paid to the second defendant.' 'Whether any words spoken by the first defendant applied illegitimate pressure inducing the plaintiff to pay $240,000.' 'Whether there was an express or implied agreement not to prosecute or not to have Derek Wales charged.' 'Whether the plaintiff proved the alleged conversations with sufficient precision and to the reasonable satisfaction of the court.']

Ratio Decidendi

The plaintiff failed to prove with sufficient precision the words actually spoken by John Georges, and the court preferred Georges' account of the conversations. On that account no express or implied threat, illegitimate pressure, or agreement to stifle prosecution was conveyed. The plaintiff therefore did not establish that the payments were induced by duress, and the second amended statement of claim was dismissed.

Court Disposition

Plaintiff's claims dismissed.

Orders

  • ['The second amended statement of claim be dismissed.']