Sandra Maccan v Cameron Byrnes [2021] NSWDC 525

Sandra Maccan v Cameron Byrnes [2021] NSWDC 525

The plaintiff failed to prove on the balance of probabilities that there was an agreement for fixed weekly remuneration of $900 or $700, failed to prove the individual alleged shortfalls making up the liquidated sums claimed, and failed to prove that the defendant requested or agreed to reimburse the claimed expenses. The court gave little weight to reconstructed text messages, found the plaintiff unreliable, accepted the defendant's evidence, and held that the absence of corroborating financial records was fatal to the claim.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Civil Contract Claim for Liquidated Damages, Interest and Costs / Principal Judgment After Hearing
Outcome
Judgment for the defendant; plaintiff's claim dismissed.
Legal Topics
['agreement to Perform Services' 'liquidated Damages' 'unpaid Remuneration' 'reimbursement of Expenses' 'balance of Probabilities' 'credibility' 'documentary Evidence']
['contract' 'civil Procedure' 'evidence'] ['agreement to Perform Services' 'liquidated Damages' 'unpaid Remuneration' 'reimbursement of Expenses' 'balance of Probabilities' 'credibility' 'documentary Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Contract Claim for Liquidated Damages, Interest and Costs / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant agreed to pay the plaintiff $900 per week for services between 7 April 2017 and 24 August 2018.' 'Whether, in the alternative, the defendant agreed to pay the plaintiff $700 per week for services between 30 June 2017 and 24 August 2018.' 'Whether the defendant was required to reimburse the plaintiff for internet and computer expenses.' 'Whether the plaintiff proved her claims on the balance of probabilities.']

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that there was an agreement for fixed weekly remuneration of $900 or $700, failed to prove the individual alleged shortfalls making up the liquidated sums claimed, and failed to prove that the defendant requested or agreed to reimburse the claimed expenses. The court gave little weight to reconstructed text messages, found the plaintiff unreliable, accepted the defendant's evidence, and held that the absence of corroborating financial records was fatal to the claim.

Court Disposition

Judgment for the defendant; plaintiff's claim dismissed.

Orders

  • ['Judgment for the defendant.' "The plaintiff is to pay the defendant's costs on the ordinary basis." 'If any other costs order is cavilled for, the parties are to contact my Associate within 7 days so that the matter can be relisted.']