Justin Len Miller v Elwood’s Eatery atf the Allcock Family Trust [2024] NSWDC 570

District Court New South Wales

Medium Neutral Citation: Justin Len Miller v Elwood's Eatery atf the Allcock Family Trust [2024] NSWDC 570 Hearing dates: 20-21 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: Direct the parties to seek to agree as to the amount of a final judgment to be entered, consistent with these reasons. Catchwords: BAILMENT — Conversion – Detinue CONTRACTS — Terms – Oral contract – Proof – Interpretation EVIDENCE — Affidavit evidence – Proof of words spoken as evidence of terms of contract DAMAGES – Purpose of damages is to put successful party in position they would have been but for the other party's wrongful conduct CONTRACTS — Unjust contracts — Contracts Review Act 1980 (NSW) Legislation Cited: Contracts Review Act 1980 (NSW) s 7; s 9 Cases Cited: Gan v Xie [2023] NSWCA 163 Kanes Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 Watson v Foxman (1995) 49 NSWLR 315 Wild v Meduri [2024] NSWCA 230 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Justin Len Miller (Plaintiff/Cross-Defendant) Elwood's Eatery Pty Ltd as Trustee for the Allcock Family Trust (Defendant/Cross-Claimant) Representation: Counsel: A J Munro (Plaintiff/Cross-Defendant) M Short (Defendant/Cross-Claimant)