Mouti v Nguyen [2015] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mouti v Nguyen [2015] NSWCA 93 Hearing dates: 17 March 2015 Date of orders: 13 April 2015 Decision date: 13 April 2015 Before: Leeming JA at [1] Bergin CJ in Eq at [2] Sackville AJA at [105] Decision: 1.The appeal is allowed. 2.Grant leave to the respondent to bring the cross-appeal. 3.The cross-appeal is allowed. 4.Set aside orders 1 to 3 made in the District Court on 28 March 2014. 5.The parties are referred to court-annexed mediation. Such mediation is to occur by no later than 18 May 2015. 6.The parties are to attend upon the Principal Registrar of this Court forthwith to obtain a date for mediation. 7.After 18 May 2015 the matter is remitted to the District Court for a new trial. 8.The parties are to file written submissions as to the costs orders that should be made in the circumstances by no later than 18 May 2015. 9.Orders as to costs will be determined on the papers, subject to any application to have the matter listed for argument in Court. Any such application must be made prior to 18 May 2015. Catchwords: [APPEAL] – where issue as to whether agreement for sale of half share in business was reached – whether primary judge erred in finding that there was no agreement – whether primary judge erred in failing to make findings of fact necessary for determining whether a contract had been concluded – where conclusions reached on claim and cross-claim irreconcilable Cases Cited: Australian Broadcasting Corporation v XIVTH Commonwealth Games Limited (1988) 18 NSWLR 540 Commissioner of Taxation (Cth) v Reliance Carpet Co Pty Ltd (2008) 236 CLR 342 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Fox v Percy (2003) 214 CLR 118 Howe v Smith (1884) 27 Ch D 89 Masters v Cameron (1954) 91 CLR 353 Sinclair Scott & Company Limited v Naughton (1929) 43 CLR 310 Category: Principal judgment Parties: Fouad Mouti (Appellant) Minh Hai Nguyen (Respondent) Representation: Counsel: A Crossland/K Jones (Appellant) A Tokley SC/BA Mee (Respondent)