RODNEY STEVENTON v ANGELA BELLE NEEDHAM [1990] NSWCA 173

RODNEY STEVENTON v ANGELA BELLE NEEDHAM SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, CLARKE and MEAGHER JJA 28 May 1990, 28 May 1990 [1990] NSWCA 173

SHORT TERM LOAN — Whether funds lend to appellant personally or to private company — Oral evidence corroborated by contemporary documents — Both oral and documentary evidence going to support finding of personal loan — No support for contention of company transaction in terms "deal" and "investment".

Handley JA There is before the court an appeal by a Mr Rodney Steventon from two judgmentsentered by His Honour Judge Shillington in the District Court against him, one in favour of Mrs Angela Needham for $108,209.76 and the other in favour of Mr Claudio Bettosini for $108,305.07. The two actions were heard together and both arise out of the same extraordinary transaction.

Mrs Needham and Mr Bettosini met the appellant for the first time on what was probably 2 March, 1987, it may have been 3 March, 1987 at the premises of Mr Bettosini's then company Arredorama Furniture. The two plaintiffs, however, were friends and well known to each other.

Mrs Needham knew a Mr John Arthur Daley who was also an old friend who practised the so-called art of numerology. This old friend had recommended the appellant Mr Steventon to Mrs Needham, as a clever businessman who was doing very good deals. Steventon had apparently telephoned Mr Daley from London asking him for money which he needed for one of his deals. Daley was unable to help at the time but referred him to Mrs Needham.

Following the appellant's return from London, the meeting was arranged and Mr Steventon saw the plaintiffs at Mr Bettosini's office. The events of the meeting, which lasted about one and a half hours, were the subject of oral evidence from the two plaintiffs and from the appellant.