Douglas v Mikhael & Ors [2023] NSWSC 979

Douglas v Mikhael & Ors [2023] NSWSC 979

The Court was not persuaded that either the 1999 or 2015 oral contract was entered into as alleged by the plaintiff; the plaintiff failed to establish on the balance of probabilities that any such discussions or agreements occurred, there was no contemporaneous or objective evidence, and the alleged agreements were implausible given the parties’ relationships, conduct, and commercial likelihood. Accordingly, the claims were dismissed.

Parties
Plaintiff: Joseph Douglas; First Defendant: Fadi Mikhael; Second Defendant: Mary Karborani; Third Defendant: FBM Enterprises Pty Ltd
Jurisdiction
Australia
Judgment Date
18 August 2023
Procedural Posture
Principal Judgment / Final Judgment After Hearing
Outcome
Plaintiff's claim dismissed with costs.
Legal Topics
Oral Contract, Contract Formation, Evidence, Trusts
Equity Contracts Oral Contract Contract Formation Evidence Trusts

Case Brief

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Parties

Joseph Douglas

Plaintiff

Fadi Mikhael

First Defendant

Mary Karborani

Second Defendant

FBM Enterprises Pty Ltd

Third Defendant

Procedural Posture

Principal Judgment / Final Judgment After Hearing

Legal Issues

  1. 1 Whether an oral contract was entered into between the plaintiff and the defendants in November 1999
  2. 2 Whether an oral contract was entered into between the plaintiff and the defendants in May 2015
  3. 3 Whether the plaintiff established entitlement to profits or payment from the Trust

Ratio Decidendi

The Court was not persuaded that either the 1999 or 2015 oral contract was entered into as alleged by the plaintiff; the plaintiff failed to establish on the balance of probabilities that any such discussions or agreements occurred, there was no contemporaneous or objective evidence, and the alleged agreements were implausible given the parties’ relationships, conduct, and commercial likelihood. Accordingly, the claims were dismissed.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • Plaintiff's claim dismissed with costs.