Cappello & Anor v Scrivener & Anor [2020] NSWSC 1748

Supreme Court New South Wales

Medium Neutral Citation: Cappello & Anor v Scrivener & Anor [2020] NSWSC 1748 Hearing dates: 2, 3, 4, 5, 6, 11 and 12 November 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: First plaintiff entitled to declaration that there was a partnership with the first defendant and to equitable compensation for breach of that partnership Catchwords: CONTRACTS – oral agreement between first plaintiff and first defendant concerning proposed consolidation and possible development of three adjoining sites – where neither party made a note of the agreement – where neither party confirmed to the other in writing an understanding of the agreement – where no one else present when agreement made – where no dispute that a binding agreement was made concerning sharing expenses and profits of the venture – whether agreement was subject to the plaintiff finding buyer for the consolidated sites CONTRACTS – oral agreement between first plaintiff and first defendant concerning proposed consolidation and possible development of three adjoining sites – whether parties' post contractual conduct casts light on true nature of the agreement Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Management Service Australia Pty Ltd v PM Works Pty Ltd [2017] NSWSC 1743 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, 2020, Thomson Reuters) Category: Principal judgment Parties: John Cappello (First Plaintiff) Shaka Holdings Pty Ltd (Second Plaintiff) John Sidney Scrivener (First Defendant) Tuscany Corporation Pty Ltd (Second Defendant) Representation: Counsel: D R Pritchard SC with D W Rayment (Plaintiffs) D B Studdy SC with L Chapman (Defendants)