Marketlend Pty Ltd v Blackburn [2020] NSWDC 358

District Court New South Wales

Medium Neutral Citation: Marketlend Pty Ltd v Blackburn [2020] NSWDC 358 Hearing dates: 25-27 March 2020, 31 March 2020, 15 April 2020 Date of orders: 9 July 2020 Decision date: 09 July 2020 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) Verdict for the second defendant. (2) The plaintiff is to pay the costs of the second defendant as agreed or assessed, on the ordinary basis. (3) I grant leave to the parties to approach my Associate to relist the matter if an alternate costs order is sought. Catchwords: CONTRACT – Formation – Agreement – Execution of documents by electronic means EVIDENCE – Burden of proof – Civil proceedings Legislation Cited: Evidence Act 1995 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Jones v Dunkel (1959) 101 CLR 298 Lithgow City Council v Jackson (2011) 244 CLR 352 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Palmer v Dolman [2005] NSWCA 361 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) (2010) 267 ALR 494 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) [2011] FCA 1126 Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA 584 Spiliotopoulos v National Australia Bank Ltd [2017] NSWSC 971 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 Category: Principal judgment Parties: Marketlend Pty Ltd (Plaintiff) Matthew Charles Blackburn (First Defendant) Sarah Louise Blackburn (Second Defendant) Blackburn Caravans Pty Ltd (Third Defendant) Representation: Counsel: J Willis (Plaintiff) A Laylee (Second Defendant)