Leiseboer v Phillips and Anor [2023] NSWDC 247

Leiseboer v Phillips and Anor [2023] NSWDC 247

The court was not satisfied on the balance of probabilities that the parties' conversation and conduct in January 2021 evidenced an intention to enter into a new enforceable contractual relationship varying the original written agreement. The evidence established, at most, a creation of expectations rather than binding legal obligations. Therefore, the plaintiff's claim based on the purported variation or new agreement failed.

Parties
Plaintiff: John Leiseboer; First Defendant: Wayne Richard Phillips; Second Defendant: Jo-Ann Christina Phillips
Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Civil / Principal Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Contract Between Family Members, Oral Variation of Agreement
Contract Contract Between Family Members Oral Variation of Agreement

Case Brief

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Parties

John Leiseboer

Plaintiff

Wayne Richard Phillips

First Defendant

Jo-Ann Christina Phillips

Second Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether an oral variation or new contract superseded a written loan agreement between family members
  2. 2 Whether the parties had the intention to create legal relations in the alleged oral conversation of 20 January 2021

Ratio Decidendi

The court was not satisfied on the balance of probabilities that the parties' conversation and conduct in January 2021 evidenced an intention to enter into a new enforceable contractual relationship varying the original written agreement. The evidence established, at most, a creation of expectations rather than binding legal obligations. Therefore, the plaintiff's claim based on the purported variation or new agreement failed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff pay the first and second defendants' costs of the proceedings (as agreed or assessed).