Winter v Nemeth [2018] NSWCA 236

Winter v Nemeth [2018] NSWCA 236

The respondent's statement, objectively considered, did not convey a reciprocal promise by the appellant to provide continuing or particular assistance in return for payment and was consistent only with an intention to make a substantial gift to a trusted and valued friend if the family law proceedings succeeded. There was no objectively ascertainable intention to create legal relations, so no enforceable contract was formed.

Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Appeal / Appeal From Judgment of Campbell J in Winter V Nemeth [2018] NSWSC 644
Outcome
Appeal dismissed with costs.
Legal Topics
['contract Formation' 'intention to Create Legal Relations' 'oral Promise' 'gift' 'appeal']
['contracts'] ['contract Formation' 'intention to Create Legal Relations' 'oral Promise' 'gift' 'appeal']

Case Brief

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Procedural Posture

Appeal / Appeal From Judgment of Campbell J in Winter V Nemeth [2018] NSWSC 644

Legal Issues

  1. 1 ["Whether the respondent's oral promise to provide the appellant with money to buy a house in Double Bay was an enforceable contract." 'Whether there was an objectively ascertainable intention to create legal relations between the parties.' 'Whether the appeal raised any question of general principle warranting more than short-form reasons.']

Ratio Decidendi

The respondent's statement, objectively considered, did not convey a reciprocal promise by the appellant to provide continuing or particular assistance in return for payment and was consistent only with an intention to make a substantial gift to a trusted and valued friend if the family law proceedings succeeded. There was no objectively ascertainable intention to create legal relations, so no enforceable contract was formed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']