NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Kennedy v Locker [2018] NSWDC 56 Hearing dates: 15 March 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant in an amount to be agreed or assessed. (2) Direct the parties to confer and attempt to agree upon the amount due by the defendant to the plaintiff, in accordance with the reasons set out in the judgment. (3) Order the defendant to pay the plaintiff's costs. (4) List the matter for further mention or hearing on a date convenient to counsel. Catchwords: CONTRACTS – oral agreements – written acknowledgements
CONTRACTS – capacity and intention – drunkenness – drunken condition must be known to other party when contract made
LIMITATION OF ACTIONS – confirmation of cause of action – payment – s 54 Limitation Act 1969 Legislation Cited: Limitation Act 1969 Cases Cited: Ogilvie v Adams [1981] VR 1041 at 1043 Chidiac v Maatouk & Anor [2010] NSWSC 386 Gibbons v Wright (1954) 91 CLR 423 Texts Cited: Radan, Gooley and Vickovic, "Principles of Australian Contract Law", 4th Edition, LexisNexis, 2018 Category: Principal judgment Parties: Esther Anne Kennedy (plaintiff) Neville Harold Locker (defendant) Representation: Counsel: SA Wells (plaintiff) M Fraser (defendant)
Solicitors: Hedges Bhatty (plaintiff) Alpine Law (defendant) File Number(s): 2017/134064
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