NSW Caselaw
New South Wales Supreme Court
CITATION : EUROPEAN HIRE CARS PTY LTD v ARMSTRONG [2007] NSWSC 629
HEARING DATE(S) : 12-14/06/2007
JUDGMENT DATE : 14 June 2007
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ at 1
DECISION : 1. Give judgment for the plaintiff for $4,540; 2. Order that the plaintiff pay the defendant's costs in all three courts; 3. Direct that costs be assessed on the indemnity basis; 4. Order that execution of the judgment be stayed and that execution be enforced only by setting off the amount of the judgment debt against the defendant's entitlement to costs.
CATCHWORDS : WILLS, PROBATE and ADMINISTRATION - contract - claim against deceased estate - need for careful scrutiny of evidence of oral agreement allegedly made with testator - on the facts, the alleged agreement was not established on the balance of probabilities.
Plunkett v Bull (1915) 19 CLR 544 Lachmi Parshad v. Maharajah Narendro Kishore Singh Bahadur LR 19 IA 9 CASES CITED : Birmingham v Renfrew (1937) 57 CLR 666 Briginshaw v Briginshaw (1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67
PARTIES : European Hire Cars Pty Ltd - Pltf Kenneth John Armstrong (As Executor of the Estate of the late Patricia Anne Armstrong) - Dft
FILE NUMBER(S) : SC 3211/06 and 3805/06
COUNSEL : B. Zipser - Pltf D. Fagan SC and S. Philips - Dft
SOLICITORS : Beilby Poulden Costello - Pltf Horton Rhodes - Dft
- 26 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON AJ
14 JUNE 2007
3211/06 AND 3805/06 EUROPEAN HIRE CARS v KENNETH JOHN ARMSTRONG (As Executor of the Estate of the Late Patricia Anne Armstrong) JUDGMENT
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