STEVENS v HAYES [1989] NSWCA 201

STEVENS v HAYES [1989] NSWCA 201

The court upheld the finding that there was an arrangement for division of sale proceeds, enforceable regardless of lack of writing, as the arrangement constituted a partnership or joint venture imposing fiduciary obligations.

Parties
Appellant: Stevens; Respondent: Hayes
Jurisdiction
Australia
Judgment Date
08 August 1989
Procedural Posture
Appeal / Court of Appeal
Legal Topics
Joint Venture, Partnership, Trusts, Division of Proceeds, Enforceability of Unwritten Agreements
Equity Joint Venture Partnership Trusts Division of Proceeds Enforceability of Unwritten Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Stevens

Appellant

Hayes

Respondent

Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 Whether an arrangement existed between the deceased and the defendants to buy, renovate, and sell the property and divide the proceeds
  2. 2 Whether lack of writing prevented enforcement of the arrangement
  3. 3 Whether the arrangement was too uncertain to be enforceable

Ratio Decidendi

The court upheld the finding that there was an arrangement for division of sale proceeds, enforceable regardless of lack of writing, as the arrangement constituted a partnership or joint venture imposing fiduciary obligations.