Leiseboer v Phillips and Anor [2023] NSWDC 193

Leiseboer v Phillips and Anor [2023] NSWDC 193

The Court was not satisfied, on the balance of probabilities, that the discussions and subsequent conduct between the parties in January 2021 demonstrated an intention to create a new or varied legally binding contractual relationship enforceable by law. The written loan agreement remained in effect and repayment was not yet due under its terms.

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 with costs.
Legal Topics
Contract Between Family Members, Oral Contract, Variation of Contract, Intention to Create Legal Relations
Contract Contract Between Family Members Oral Contract Variation of Contract Intention to Create Legal Relations

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 agreement or variation to an existing written loan agreement was formed on or about 20 January 2021 which entitled the plaintiff to earlier repayment of the loan and interest.

Ratio Decidendi

The Court was not satisfied, on the balance of probabilities, that the discussions and subsequent conduct between the parties in January 2021 demonstrated an intention to create a new or varied legally binding contractual relationship enforceable by law. The written loan agreement remained in effect and repayment was not yet due under its terms.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

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