Willmott v Wilson [2024] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Willmott v Wilson [2024] NSWDC 20 Hearing dates: 26, 27, 28 and 29 June 2023 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff against the defendants in the sum of $192,043.16 inclusive of interest. (2) Dismiss the cross-claim. (3) Order the defendants to pay the costs of the plaintiff on the ordinary basis as agreed or assessed. (4) Order the cross-claimant to pay the costs of the cross-defendant on the ordinary basis as agreed or assessed. (5) Grant liberty to the parties to make an application to vary orders (3) and (4) herein by email to my associate within seven days setting out the costs order they seek, any evidence in support, and submissions of no more than three pages in length. Catchwords: CONTRACT – Written Agreement – Oral terms AGENCY — Authority of agent — Construction and extent of — Scope of implied authority Cases Cited: Australasian Brokerage Ltd v Australian and New Zealand Banking Corp Ltd (1934) 52 CLR 430 Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 6) [2016] NSWSC 964 Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyd's Rep 403 Category: Principal judgment Parties: Gregory Brian Willmott (plaintiff) Myles Fergus Wilson (first defendant/cross-claimant) June Hew Wilson (second defendant) Patrick Willmott (cross-defendant) Representation: Counsel: Mr J O'Sullivan (plaintiff) Mr M J Davis (defendants/cross-claimant)