Manno Kingsway Pty Ltd as trustee for the Manno Kingsway Unit Trust v Rose [2024] NSWSC 1065

Supreme Court New South Wales

Medium Neutral Citation: Manno Kingsway Pty Ltd as trustee for the Manno Kingsway Unit Trust v Rose [2024] NSWSC 1065 Hearing dates: 30-31 January, 1 February 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Judgment for the plaintiff against the defendant in the sum of $1,300,000, plus accrued interest under the Loan Agreement. (2) The parties are to confer to agree the amount of interest due up to today and file a minute of consent order recording their agreement in the registry by 13 September 2024. In default of agreement each party is to lodge written submissions not exceeding three pages in length with my chambers setting out the amount and calculation for which they contend together with the reasons why that order should be made. (3) The defendant is to pay the plaintiff's costs. Catchwords: CONTRACTS – formation – vicarious performance – past consideration – conventional estoppel – binding agreement reached under fourth category Masters v Cameron (1954) CLR 353 – post-contractual conduct indicative of formation of a binding agreement – no "common assumption" preventing enforcement of agreement to attract conventional estoppel Cases Cited: Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Australian Medico-Legal Group Pty Ltd v Claireleight Mosman Pty Ltd [2017] NSWCA 218 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd In the matter of Combined Projects (Arncliffe) Pty Ltd [2020] NSWSC 1778 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Aust) Ltd (1986) 160 CLR 226 Fox v Percy (2003) 214 CLR 118 Hirachand Punamchand v Temple [1911] 2 KB 330 Kestell v Davey (No 3) [2023] WASC 289 Manny v Rose [2022] NSWSC 1671 Masters v Cameron (1954) 91 CLR 353 Moratic Pty Ltd v Gordon [2007] NSWSC 5 North v Brown [2012] EWCA Civ 223 Pao On v Lau You Long [1979] UKPC 17 Realestate.com.au Pty Ltd v Hardingham (2022) 277 CLR 115; [2022] HCA 39 SAS Realty Developments v Kerr [2013] NSWCA 56 Sinclair, Scott & Co v Naughton (1929) 43 CLR 310 The Nominal Defendant v Cordin [2017] NSWCA 6 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Twenty Ninth Macorp Nominees Pty Ltd v Normal George [2017] VSC 136 Wakim v Wakim [2017] NSWSC 1283 Watson v Foxman (1995) 49 NSWLR 315 Winau Aust Pty Ltd v LCC Property Development Pty Ltd [2022] NSWSC 1258 Texts Cited: J D Heydon, Heydon on Contract (2019, Thomson Reuters) Category: Principal judgment Parties: Manno Kingsway Pty Ltd as trustee for Manno Kingsway Unit Trust (Plaintiff) Christopher Peter Rose (Defendant) Representation: Counsel: T Boyle (Plaintiff) D Parish (Defendant)