Mango Media v Bassal [2004] NSWSC 1253

Mango Media v Bassal [2004] NSWSC 1253

The letter of offer terms and the factual circumstances together provide sufficient consideration, including an implied promise to give the loan application bona fide consideration. There was no agency relationship between the broker and the plaintiff affecting the agreement. The non est factum defence was not made out. Accordingly, the plaintiff has an equitable interest and charge over the defendants' land and entitlement to costs as agreed.

Jurisdiction
Australia
Judgment Date
15 December 2004
Procedural Posture
Equity / Final Hearing; Judgment
Outcome
Caveat extended. Declaration that plaintiff has an equitable charge. Defendants ordered to pay plaintiff's costs on solicitor/client basis.
Legal Topics
['consideration' 'illusory Consideration' 'agency' 'non Est Factum' 'costs']
['contract Law' 'equity'] ['consideration' 'illusory Consideration' 'agency' 'non Est Factum' 'costs']

Case Brief

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Procedural Posture

Equity / Final Hearing; Judgment

Legal Issues

  1. 1 ['Whether consideration for the agreement to give a charge is illusory' 'Whether the broker acted as agent for the plaintiff in making statements to the defendants' 'Whether the agreement should be held void under the doctrine of non est factum' 'Entitlement to costs on a solicitor/client basis']

Ratio Decidendi

The letter of offer terms and the factual circumstances together provide sufficient consideration, including an implied promise to give the loan application bona fide consideration. There was no agency relationship between the broker and the plaintiff affecting the agreement. The non est factum defence was not made out. Accordingly, the plaintiff has an equitable interest and charge over the defendants' land and entitlement to costs as agreed.

Court Disposition

Caveat extended. Declaration that plaintiff has an equitable charge. Defendants ordered to pay plaintiff's costs on solicitor/client basis.

Orders

  • ['Caveat extended until further order.' "Declaration that plaintiff has an equitable charge over the defendants' land." "Defendants to pay plaintiff's costs on solicitor/client basis."]