George Ghossayn v Roland Bleyer [2009] NSWDC 86

New South Wales District Court

CITATION: George Ghossayn v Roland Bleyer [2009] NSWDC 86

HEARING DATE(S): 16/12/08 - 18/12/08, 16/2/09 - 17/2/09 and 16/3/09

JUDGMENT DATE: 11 May 2009

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: Judgment for the Plaintiff against the Defendant in the amount of $33,500.

CATCHWORDS: Claim under guarantee - Interpretation - Deed - Interpretation - Rectification - Purported Contract - Whether there was intention to create legal relations

LEGISLATION CITED: Fair Trading Act 1987 (NSW) Civil Procedure Act 2005

Masterton Homes Pty Limited v Palm Assets Pty Limited (2008) NSW SC 274 paras 74-77 CASES CITED: Greer v Kettle (1938) AC 156 at 171 Codelfa Construction Pty Limited v State Rail Authority of NSW (1982) 149 CLR 337

TEXTS CITED: Handley - Estoppel by Conduct and Election (2006) at 7-003

PARTIES: George Ghossayn (Plaintiff) Roland Bleyer (Defendant)

FILE NUMBER(S): 2801/07

COUNSEL: A di Francesco (Plaintiff) D A McLure (Defendant)

JUDGMENT

1 The plaintiff in these proceedings, George Ghossayn, has brought various claims against the defendant, Roland Bleyer.

2 The plaintiff's claims are pleaded in his further amended statement of claim ("FASOC") filed in Court on 16 March 2009. A defence to the FASOC was also filed in Court on 16 March 2009.

3 In summary, the plaintiff's claims are as follows.

4 First, the plaintiff claims that the defendant breached a contract of guarantee given by him to the plaintiff on 14 February 2001; see paragraphs 3-20 of the FASOC.

5 Secondly, the plaintiff claims in paragraph 21 that the defendant was unjustly enriched by receipt of monies arising under the first loan agreement referred to in paragraph 3 of the FASOC.