NSW Caselaw
New South Wales Supreme Court
CITATION : Smith v Wikramanayake [2007] NSWSC 136
HEARING DATE(S) : 6th February - 9th February 2007
JUDGMENT DATE : 28 February 2007
JUDGMENT OF : Hammerschlag J
DECISION : The plaintiffs' claims are dismissed; judgment for the third cross-claimant against the third cross-defendant in the amounts of $626,833.16 and $72,126.22 ; the plaintiffs are to pay the defendants' costs of the proceedings including the cross-claims.
CATCHWORDS : CONTRACT - oral contract - spoken words in absence of reliable contemporaneous record or corroboration - standard of proof - reasonable satisfaction of court - reasonable satisfaction of court not established independently of considerations of seriousness or gravity of consequences flowing from alleged oral agreement.
Briginshaw v Briginshaw (1938) 60 CLR 336 Helton v Allen (1940) 63 CLR 691 CASES CITED : Rejfek v McElroy (1965) 112 CLR 517 Watson v Foxman (2000) 49 NSWLR 315 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337
David Smith (First Plaintiff / First Cross Defendant) John James (Second Plaintiff / Second Cross Defendant) PARTIES : Plus 55 Village Management (Albury) Pty Limited (Third Plaintiff / Third Cross Defendant) Margaret Anne Wikramanayake (First Defendant / First Cross Claimant) Prenitha Srimath Wikramanayake (Second Defendant / Second Cross Claimant) Wagga Road Properties Pty Limited (Third Defendant / Third Cross Claimant)
FILE NUMBER(S) : SC 4414/2005
COUNSEL : R Weaver (Plaintiffs/ Cross Defendants) A. S. Bell SC with P Bolster (Defendants / Cross Claimants)
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