Vasilis Floros Moshos v Kenneth Geoffrey French (No.2) [2014] NSWSC 862

Vasilis Floros Moshos v Kenneth Geoffrey French (No.2) [2014] NSWSC 862

No binding contract was entered into and no trust was created between the plaintiff and first defendant regarding the shareholding in Local Appliance Rentals Pty Ltd. The plaintiff's evidence did not establish that there was a concluded agreement or a completed trust. The communications and conduct were indicative of ongoing negotiations, not a finalised agreement.

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Civil / Judgment on Liability (separate Questions)
Outcome
Claims of contract and trust failed; questions answered in the negative; leave granted to file Amended Defence
Legal Topics
['contract Formation' 'oral Agreement' 'specific Performance' 'trust' 'shareholding']
['equity' 'contract'] ['contract Formation' 'oral Agreement' 'specific Performance' 'trust' 'shareholding']

Case Brief

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Procedural Posture

Civil / Judgment on Liability (separate Questions)

Legal Issues

  1. 1 ['Whether a binding contract was entered into between the plaintiff and first defendant for shareholding in a company' 'Whether a trust was created in respect of shares in the second defendant' 'Whether the first defendant was in breach of any such contract or trust']

Ratio Decidendi

No binding contract was entered into and no trust was created between the plaintiff and first defendant regarding the shareholding in Local Appliance Rentals Pty Ltd. The plaintiff's evidence did not establish that there was a concluded agreement or a completed trust. The communications and conduct were indicative of ongoing negotiations, not a finalised agreement.

Court Disposition

Claims of contract and trust failed; questions answered in the negative; leave granted to file Amended Defence

Orders

  • ['Pursuant to Uniform Civil Procedure Rules r 28.2, the separate liability questions are answered: (1) No; (2) No; (3) No; (4) No.' 'Grant leave to the defendants to file in Court the Amended Defence dated 8 May 2014.' 'Direct the parties to bring in Short Minutes for any further orders regarding disposition and...