Gladys Hargraves v Susan Eveston [2018] NSWSC 505

Supreme Court New South Wales

Medium Neutral Citation: Gladys Hargraves v Susan Eveston [2018] NSWSC 505 Hearing dates: 23 February 2018, 6 April 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Common Law Before: Hamill J Decision: (1) Judgment for the plaintiff in the sum of $1,681,516 plus interest in accordance with the deeds of loan agreement. (2) The defendant is to pay the plaintiff's costs. (3) Direct the parties to provide the Court with the final judgment figure on or before 8 May 2018 to facilitate judgment being entered in a certain sum on that date. Catchwords: CIVIL LAW – unpleasant litigation – contract dispute – loans from mother to daughter – internecine family dispute – where loans formalised by deeds – whether terms of deeds varied by subsequent conversation between parties – dispute as to whether conversation occurred – where neither party presents as a witness of credit – financial shenanigans – palpable personal animosity – dark looks across the public gallery – tsk-tsking – objectively established chronology – not satisfied conversation occurred Legislation Cited: Evidence Act 1995 (NSW), s 128 Category: Principal judgment Parties: Gladys Hargraves (Plaintiff) Susan Eveston (Defendant) Representation: Counsel: Mr T Rogers (Plaintiff) Mr B DeBuse (Defendant)

Solicitors: Peter Prior & Co (Plaintiff) Coleman Greig Lawyers (Defendant) File Number(s): 2017/00165097 Publication restriction: No