Ashton v Pratt (No 2) [2012] NSWSC 3

Ashton v Pratt (No 2) [2012] NSWSC 3

The plaintiff's claims fail because the arrangement alleged was not intended to create legal relations, is void and unenforceable for public policy reasons (meretricious sexual services), equitable estoppel fails for lack of detriment and public policy, and the claims were released by accord and satisfaction in February and November 2005.

Parties
Plaintiff: Madison Ashton; Defendant: Jeanne Pratt
Jurisdiction
Australia
Judgment Date
16 January 2012
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the defendant with costs
Legal Topics
Intention to Create Legal Relations, Certainty of Contract, Public Policy and Illegality, Meretricious Sexual Services, Equitable Estoppel, Accord and Satisfaction, Release of Claims

Case Brief

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Parties

Madison Ashton

Plaintiff

Jeanne Pratt

Defendant

Procedural Posture

Civil / Principal Judgment

  1. 1 Whether Richard Pratt made the alleged promises to Madison Ashton
  2. 2 Whether alleged promises comprised a contract: certainty and completeness
  3. 3 Whether parties intended to create legal relations

Ratio Decidendi

The plaintiff's claims fail because the arrangement alleged was not intended to create legal relations, is void and unenforceable for public policy reasons (meretricious sexual services), equitable estoppel fails for lack of detriment and public policy, and the claims were released by accord and satisfaction in February and November 2005.

Court Disposition

Judgment for the defendant with costs

Orders

  • Judgment for the defendant
  • Plaintiff's claims dismissed