Anjoul v Anjoul (No 2) [2021] NSWSC 1511

Supreme Court New South Wales

Medium Neutral Citation: Anjoul v Anjoul (No 2) [2021] NSWSC 1511 Hearing dates: 15 November 2021 Decision date: 23 November 2021 Jurisdiction: Equity Before: Robb J Decision: The Court will make the order sought by the plaintiff in prayer 1(a) of his notice of motion filed on 20 October 2021 limited to evidence already served by the plaintiff. The Court will reserve the costs of the notice of motion until the Court is able to consider the making of final orders in these proceedings. The parties should confer and submit to the Associate to Robb J draft short minutes of order to give effect to these reasons and for the future case management of the proceedings. Catchwords: EQUITY — General principles and maxims — Discretionary nature of jurisdiction — Those who seek equity must do equity — Where the plaintiff sought to enforce a deed executed by the defendant in which the defendant agreed to pay the plaintiff an amount for the plaintiff's work in renovating the defendant's property — Where the Court found that the defendant was entitled in principle to an order setting aside the deed on the ground that it was entered into in unconscionable circumstances — Where the defendant had not offered to do equity by paying reasonable compensation for the plaintiff's work — Where the evidence of the reasonable amount of remuneration of the plaintiff was unsatisfactory — Where the plaintiff applied for leave to introduce additional evidence going to the condition upon which relief should be granted to the defendant — Where the Court granted the plaintiff's application limited to additional evidence already served on the defendant CONTRACTS — Unjust contracts — Contracts Review Act 1980 (NSW) — Power of Court — Where the Court has decided in principle to set aside an unjust contract subject to the defendant paying reasonable remuneration to the plaintiff for work done — Where the evidence of the reasonable amount of remuneration of the plaintiff was unsatisfactory — Where the plaintiff applied for leave to introduce additional evidence to establish the reasonable remuneration — Where the plaintiff's application was granted CIVIL PROCEDURE — Application by the plaintiff for leave to introduce additional evidence to prove condition the Court should impose on the defendant before making an order that a deed between the plaintiff and the defendant be set aside — Where application was granted Legislation Cited: Contracts Review Act 1980 (NSW) Home Building Act 1989 (NSW) Cases Cited: Anjoul v Anjoul [2021] NSWSC 592 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Texts Cited: Heydon, J D, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural rulings Parties: Jerry Anjoul (plaintiff) Ashley Anjoul (defendant) Representation: Counsel: G P McNally SC / M S Daniels (plaintiff) P Newton SC / M Collins (defendant)