JOSEPH MANASSA v JOHN CHESHER & ANOR. [2000] NSWSC 252

New South Wales Supreme Court

CITATION : JOSEPH MANASSA v JOHN CHESHER & ANOR. [2000] NSWSC 252 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 4542/1996 HEARING DATE(S) : 20, 21, 22, 23 and 24 MARCH 2000 JUDGMENT DATE : 11 April 2000

JOSEPH MANASSA (Plaintiff) PARTIES : JOHN CHESHER (First Defendant) TONY SAHYOUN (Second Defendant) JUDGMENT OF : Simos J

G.P. McNally (Plaintiff) COUNSEL : J.E. Armfield (First Defendant) D.H. Murr, SC (Second Defendant) Hunt Musgrave & Peach (Plaintiff) SOLICITORS : Gulley Helene Scerri (First Defendant) Maurice Marshan (Second Defendant) CATCHWORDS : Contract - Held, the plaintiff failed in his claim to one-third of the proceeds of a winning Lotto ticket alleged by the plaintiff to have been purchased on behalf of an alleged three member syndicate of which the plaintiff was a member. CASES CITED : Jones v Dunkel (1959) 101 CLR 298 Van Rassel v Kroon (1952-1953) 87 CLR 298 DECISION : PROCEEDINGS DISMISSED

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SIMOS J

TUESDAY, 11 APRIL 2000

(NO. 4542/96): JOSEPH MANASSA v JOHN CHESHER & ANOR.

JUDGMENT

The Proceedings

Statement of Claim

1 HIS HONOUR: By statement of claim filed 26 February 1998 Joseph Manassa, the plaintiff, claimed against John Chesher, the first defendant, and Tony Sahyoun, the second defendant, that in or about 1982 and 1983 the plaintiff and the first defendant entered into an express oral agreement arising from a conversation between the plaintiff and the first defendant.