G & H Minard Investments (Aust) Pty Ltd v Investment & Property Choices Pty Ltd; Gooroovadoo v Investment & Property Choices Pty Ltd [2014] NSWCA 418

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: G & H Minard Investments (Aust) Pty Ltd v Investment & Property Choices Pty Ltd; Gooroovadoo v Investment & Property Choices Pty Ltd [2014] NSWCA 418 Hearing dates: 2 December 2014 Decision date: 02 December 2014 Before: Basten JA at [1]; Gleeson JA at [27] Decision: Orders made on 2 December 2014 in each matter: (1) Refuse the applicant(s) leave to appeal. (2) Order that the applicant(s) pay the respondent's costs. (3) Reasons reserved. [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: PRACTICE AND PROCEDURE - appeal - leave - error on part of trial judge - limited prospects of success - small amount in issue - no issue of principle

CONTRACT - written document with no operative provisions - attempt to infer condition for repayment of money from recital - terms unclear Legislation Cited: District Court Act 1973 (NSW), s 127 Cases Cited: Be Financial Pty Ltd v Das [2012] NSWCA 164 Category: Principal judgment Parties: In matter No 2014/243192:

G & H Minard Investments (Aust) Pty Ltd (Applicant) Investment & Property Choices Pty Ltd (First Respondent) Barry William Ward (Second Respondent) Nicole Lee Ward (Third Respondent)