Perpetual Trustees Company Ltd v. Papantoniou [2012] NSWSC 1415

Perpetual Trustees Company Ltd v. Papantoniou [2012] NSWSC 1415

Although the February 2009 events occurred nearly three years after the contract was formed, the conduct of the parties at that time could rationally affect the assessment of their motives for entering into the contract. Because purpose or motive was relevant to the unjust contract inquiry under section 9 of the Contracts Review Act 1980 (NSW), the evidence, including Mr Singh's affidavit, was relevant under section 55 of the Evidence Act 1995 (NSW) and admissible.

Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Interlocutory Applications / Ruling on Admissibility of Affidavit Evidence
Outcome
The affidavit of Rajbir Singh sworn 27 February 2012 is admissible.
Legal Topics
['relevance' 'contracts Review Act Unjust Contracts' 'post Contractual Conduct' 'admissibility of Affidavit Evidence']
['evidence' 'contracts'] ['relevance' 'contracts Review Act Unjust Contracts' 'post Contractual Conduct' 'admissibility of Affidavit Evidence']

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Procedural Posture

Interlocutory Applications / Ruling on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ['Whether evidence of events occurring in February 2009, after the contract was made, was relevant and admissible to the question whether the contract was unjust under the Contracts Review Act 1980 (NSW).' 'Whether the affidavit of Rajbir Singh sworn 27 February 2012 was admissible.']

Ratio Decidendi

Although the February 2009 events occurred nearly three years after the contract was formed, the conduct of the parties at that time could rationally affect the assessment of their motives for entering into the contract. Because purpose or motive was relevant to the unjust contract inquiry under section 9 of the Contracts Review Act 1980 (NSW), the evidence, including Mr Singh's affidavit, was relevant under section 55 of the Evidence Act 1995 (NSW) and admissible.

Court Disposition

The affidavit of Rajbir Singh sworn 27 February 2012 is admissible.

Orders

  • ['Evidence of what occurred in February 2009, in a general sense, and particularly the evidence of Mr Singh, is admissible.']