Stanton v Wallace & Ors [2020] NSWDC 709

District Court New South Wales

Medium Neutral Citation: Stanton v Wallace & Ors [2020] NSWDC 709 Hearing dates: 11 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff James McKenzie Stanton against the first defendant Neil Wallace for $460,981. (2) Order the first defendant to pay the plaintiff's costs. (3) Dismiss the proceedings against the second and third defendants with no order as to costs. Catchwords: CONTRACT – identity of the seller in an agreement for the sale of a boat – whether the circumstances gave rise to an anticipatory breach and repudiation – performance of contract impossible after possession of the boat was taken by a bank and sold to a third party – purchasers made substantial instalment payments on the purchase price UNJUST ENRICHMENT – whether the defendant seller has been unjustly enriched by receipt of instalment payments of the purchase price for the boat – whether the plaintiff was entitled to recover monies paid due to a mistaken belief Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.20 Cases Cited: David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; (1992) 175 CLR 353 Foran v Wight [1989] HCA 51; (1989) 168 CLR 385 Ryder v Frohlich [2004] NSWCA 472 Woodar Investment Development Ltd v Wimpey Construction [1980] 1 All ER 571 Texts Cited: Mason and Carter, Restitution Law in Australia, par 1120 Radan and Gooley, Principles of Australian Contract Law, (2nd Edition), par 21.53 Category: Principal judgment Parties: James McKenzie Stanton (Plaintiff) Neil Wallace (First Defendant) Viking Global Industries Pty Ltd (Second Defendant) David Hutchinson (Third Defendant) Representation: Counsel: S Baron Levi (Plaintiff) N Wallace (First Defendant, self-represented)