BRGM Nominees Pty Ltd v Garling [2010] NSWSC 273

New South Wales Supreme Court

CITATION : BRGM Nominees Pty Ltd v Garling [2010] NSWSC 273

HEARING DATE(S) : 29-31 March, 1,6 April 2010

JUDGMENT DATE : 14 April 2010

JURISDICTION : Equity

JUDGMENT OF : Biscoe AJ

DECISION : 1. First cross claim dismissed 2. Declarations and orders as sought in second cross claim 3. Order Max Michael Garling to pay the other parties' costs 4. Exhibits and Court Book may be returned

CATCHWORDS : CONTRACT - whether oral contract that A would pay B amount equal to 30 per cent of net sale proceeds of a gold mine if B put a structure in place whereby it could be sold and found a buyer - if so, whether agreement activated by B's performance of terms - TRUSTS - whether B's share in C held as nominee for or on trust for A - whether C's shares in a gold mine held as trustee for A's family trust

LEGISLATION CITED : Corporations Act 2001 (Cth)

BRGM Nominees Pty Ltd (plaintiff, second cross defendant to first cross claim) Max Michael Garling (defendant, first cross claimant, first cross defendant to second cross claim) Raymond Francis Wright (first cross defendant to first cross claim, second cross claimant) Nickel Seekers Mining Services Pty Ltd (third cross defendant to first cross claim) PARTIES : Nickelseekers Pty Ltd (fourth cross defendant to first cross claim) Ridgeview Nominees Pty Ltd (second cross defendant to second cross claim) Write Family Investments Pty Ltd (third cross defendant to second cross claim)

FILE NUMBER(S) : SC 2008/00280210

COUNSEL : Mr D L Cook (plaintiff, cross defendants to first cross claim, second cross claimant) Mr J Stevenson SC and Ms C Spruce (defendant, first cross claimant, first cross defendant to second cross claim)