Kyriacou v Makis [2021] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: Kyriacou v Makis [2021] NSWSC 60 Hearing dates: 21 to 25 September 2020. Final submissions 20 November 2020. Decision date: 09 February 2021 Jurisdiction: Equity Before: Robb J Decision: The plaintiff has failed to establish that the Partnership Dissolution Agreement is an enforceable contract. See par [222]. Note pars [223] to [231] and the directions stated therein. Catchwords: CONTRACTS –– Formation –– Agreement –– Intention to make concluded bargain –– where alleged draft written contract provided that it would become binding when signed by the parties –– where the draft was not signed by either party –– no contract created –– no point of principle CONTRACTS –– Formation –– Agreement –– where the defendant had not authorised the person who provided the alleged draft written contract to the plaintiff to enter into a contract on the defendant's behalf –– no contract created –– no point of principle CONTRACTS –– Formation –– Agreement –– where there were a number of different draft contracts and other documents referring to different and inconsistently worded terms of the alleged contract –– no contract created –– no point of principle EQUITY — General principles and maxims — Statute of Frauds — Part performance — whether specific performance of an unsigned agreement should be ordered — where it is alleged that one party has performed their obligations but the other party has not — where the Court holds that there was no agreement made — where, even if there was an agreement, the acts relied upon for part performance are not consistent only with partial performance of the alleged agreement –– no point of principle. Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 G R Securities v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Pipikos v Trayans (2018) 265 CLR 522; [2018] HCA 39 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Kyriacos Kyriacou (plaintiff) Andrea Makis (first defendant) Tina Georgiou as Executor of the Estate of the Late George Georgiou (second defendant) Sam Pambris (third defendant) Representation: Counsel: J Darvall (plaintiff) B May (first defendant)