Woodhouse v Woodhouse [2022] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woodhouse v Woodhouse [2022] NSWCA 240 Hearing dates: 9 November 2022 Date of orders: 28 November 2022 Decision date: 28 November 2022 Before: Bell CJ at [1]; Meagher JA at [2]; Mitchelmore JA at [124] Decision: (1) Appeal allowed. (2) Set aside orders 1 and 2 made on 4 March 2022. (3) Judgment for Nicola Woodhouse against Philip Woodhouse on the statement of claim for $250,000 plus interest at the rate of 8% from 1 October 2014. (4) Judgment for Philip Woodhouse against Nicola Woodhouse on the cross-claim in the sum of $31,337.13 by way of equitable compensation plus interest thereon as claimed. (5) Set aside orders 1 and 2 made on 25 March 2022. (6) Order that Philip Woodhouse pay Nicola Woodhouse's costs of the statement of claim on the ordinary basis. (7) Order that Nicola Woodhouse pay 20% of Philip Woodhouse's costs of the cross-claim against her on the ordinary basis. (8) Order that Philip Woodhouse pay Nicola Woodhouse's costs of the appeal on the ordinary basis. Catchwords: CONTRACT – where alleged oral agreement for loan of $267,000 by mother to adult son – where mother pleaded loan repayable after five years – where mother drew cheques on son's bank account in favour of herself in purported payment of interest on loan and part repayment of principal – whether primary judge erred in not being persuaded any agreement existed – whether primary judge erred in finding that any loan if made out was repayable on demand so that limitation period commenced to run when moneys advanced and action statute-barred Legislation Cited: Limitation Act 1969 (NSW), ss 14(1), 54(2)(a)(ii) Cases Cited: Byrnes v Kendle (2011) 243 CLR 353; [2011] HCA 26 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Haller v Ayre [2005] 2 Qd R 410; [2005] QCA 224 Ogilvie v Adams [1981] VR 1041 Re Brookers (Aust) Ltd (in liq); Brooker v Pridham (1986) 41 SASR 380 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 VL Finance Pty Ltd v Legudi [2003] VSC 57 Category: Principal judgment Parties: Nicola Mary Woodhouse (Appellant) Philip George Woodhouse (First Respondent) David Andrew Woodhouse (Second Respondent) Lincoln James Kennedy (Third Respondent) Representation: Counsel: