Beryl Sturesteps v HIH Overseas Holdings Ltd [2011] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Beryl Sturesteps v HIH Overseas Holdings Ltd [2011] NSWCA 314 Hearing dates: 8 August 2011 Decision date: 30 September 2011 Before: Bathurst CJ at [1]; Macfarlan JA at [6]; Sackville AJA at [7] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - oral contract - evidence of contract - whether evidence that liability for employee's spouse's loan discharged Category: Principal judgment Parties: Beryl Sturesteps (Appellant) HIH Overseas Holdings Ltd (In Liquidation) (Respondent) Representation: Counsel B W Rayment QC / A Metcalfe (Appellant) F Gleeson SC / R Foreman (Respondent) Solicitors Benjamin & Khoury Solicitors (Appellant) Blake Dawson (Respondent) File Number(s): CA 2003/82973 Decision under appeal Citation: [2010] NSWSC 169 [2010] NSWSC 903 Before: Brereton J File Number(s): SC 258096/2006

Judgment 1BATHURST CJ: This is an appeal from a judgment of Brereton J in which his Honour ordered that the appellant pay to the respondent the sum of $576,497.43. The judgment was in respect of a loan made by C E Heath Holdings (United States) Inc (HeathCal) to the respondent on or about 16 March 1988 in the sum of US$200,000. The loan and all rights thereunder were assigned by HeathCal to the respondent on 27 December 1994. Judgment is in respect of the loan and interest thereon. 2The proceedings were heard by the primary judge at the same time as proceedings between George Osvald Sturesteps as plaintiff and Anthony Gregory McGrath, Christopher John Honey and HIH Casualty & General Insurance Limited (in liquidation) as defendants, SC 258096/2006. 3The appeals in each set of proceedings were heard together. 4The appeal in these proceedings deals with what I have described as the United States Apartment Issue in my judgment in the proceedings between Messrs McGrath, Honey and HIH Casualty & General Insurance Limited (in liquidation) and Mr Sturesteps. For the reasons given in pars [88]-[99] of that judgment the appeal in these proceedings must fail. 5Accordingly, I would order that the appeal be dismissed with costs. 6MACFARLAN JA: I agree with Bathurst CJ. 7SACKVILLE AJA: I agree with Bathurst CJ.