Saxby Bridge Mortgages P/L & 1 or v Saxby Bridge P/L [2001] NSWCA 282

New South Wales Court of Appeal

CITATION : Saxby Bridge Mortgages P/L & 1 or v Saxby Bridge P/L [2001] NSWCA 282 FILE NUMBER(S) : CA 40476 of 2000 HEARING DATE(S) : 15/08/01 JUDGMENT DATE : 6 September 2001

Saxby Bridge Mortgages Pty Limited and John Brett Kingston PARTIES : v Saxby Bridge Pty Limited JUDGMENT OF : Mason P at 1; Meagher JA at 2; Handley JA at 13

LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT 1618 of 1999 FILE NUMBER(S) : LOWER COURT Simos J JUDICIAL OFFICER :

COUNSEL : A: T Tobin / R Webb R: D Hammerschlag / R Dick SOLICITORS : A: Webster O'Halloran & Associates R: Atanaskovic Hartnell CATCHWORDS : Equity - whether parties entered into binding agreement that respondent would refer clients to first appellant - whether express term - whether implied term - whether fiduciary duty existed - appeal dismissed. DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40476 of 2000 ED 1618 of 1999

MASON P MEAGHER JA HANDLEY JA Thursday, 6 September 2001 SAXBY BRIDGE MORTGAGES PTY LIMITED & JOHN BRETT KINGSTON V SAXBY BRIDGE PTY LIMITED FACTS The respondent provides investment and insurance advice through consultants, some of them employed and others appointed on a sub-contract basis. In February 1995 the second appellant reached an arrangement with the respondent to incorporate a new company (the first appellant), which would arrange mortgages for its own clients and clients of the respondent. The appellants alleged that the arrangement was a legally binding contract and that it included a term that the respondent would instruct its employees and consultants to refer clients who were contemplating borrowing money to the first appellant. This term was pleaded as an express term alleged to arise partly from conversations and partly from letters. It was also pleaded as an implied term.