May v Walker [2024] NSWSC 612

Supreme Court New South Wales

Medium Neutral Citation: May v Walker [2024] NSWSC 612 Hearing dates: 6 – 9 May 2024, further evidence 16 May 2024. Date of orders: 27 May 2024 Decision date: 27 May 2024 Jurisdiction: Equity - Expedition List Before: Rees J Decision: Proceedings dismissed with costs. Catchwords: CONTRACT – 82-year old bachelor owns land near Thredbo with ski lodge – befriended by couple – offers rent-free accommodation in return for work on property – couple press for 99-year lease, then 30 + 30 year lease, then 30-year lease – owner agrees couple can manage the ski lodge – couple apply pressure – bachelor seeks help – police evict couple – couple assert 30-year lease – whether a contract – principles at [159]-[160] – owner did not sign lease – couple falsify multiple documents in support of claim – rogues. REPRESENTATION – whether owner represented that couple had 30-year lease – estoppel – misleading and deceptive conduct – principles at [177]-[178] – reasonable person in couple's position would have recognised that owner unwilling to agree to (ridiculous) proposal, effectively giving his land to people he had just met on uncertain terms and for paltry return. QUANTUM MERUIT – principles at [187]-[188] –plaintiffs did excavation and redecorated ski lodge – work poorly executed – property damage – benefit not established – no injustice where work in return for accommodation or management of ski lodge. Legislation Cited: Australian Consumer Law Residential Tenancies Act 2010 (NSW) ss 18, 236 Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR 9251 GC NSW Pty Ltd v Galati [2020] NSWCA 326 Given v Pryor (1979) 24 ALR 442 Hegarty v Keogh (No 2) [2023] SASCA 30 Jeans v Cleary [2006] NSWSC 647 Lazarus v Director of Public Prosecutions (NSW) [2015] NSWSC 426 May v Walker [2023] NSWSC 1628 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Parker v South Eastern Railway Co (1877) 2 CPD 416 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 R v Doney (2001) 126 A Crim R 271; [2001] NSWCCA 463 Re Application of Sutherland and Arnautovic [2014] NSWSC 821 Tasoulas v Tasoulas [2018] NSWSC 861 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Wantagong Farms Pty Ltd as Trustee for the Bulle Family Trust v Bulle [2015] NSWSC 1603 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Abby May (First Plaintiff) Dean Gibson (Second Plaintiff) Neil Walker (Defendant) Representation: Counsel: Mr J Pokoney (Defendant)