NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Winter v Nemeth [2018] NSWSC 644 Hearing dates: 3, 4 and 5 April 2018 Date of orders: 16 May 2018 Decision date: 16 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Judgment for the defendant; (2) The plaintiff to pay the defendant's costs Catchwords: CONTRACTS – Formation - written contract - oral contract - intention to create legal relations – promises made - performance of work - clerical assistance presumptions - Family Court proceedings - nature of friendship - reasonable person - damages Legislation Cited: Civil Procedure Act 2005 (NSW) s 100; Evidence Act 1995 (NSW) s 48 Cases Cited: Ashton v Pratt (2014) 88 NSWLR 281; [2015] NSWCA 12; Australian Woollen Mills Pty Ltd v the Commonwealth (1954) 92 CLR 425; Ermogenous v Greek Orthodox Community (2002) 209 CLR 95; [2002] HCA 8 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52; Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd [2013] NSWSC 529 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: Nil Category: Principal judgment Parties: Janet Sarah Winter (Plaintiff) Virginia Diroy Nemeth (Defendant) Representation: Counsel: RG Hanrahan (Plaintiff) R White (Defendant)
Solicitors: Hal Lawyers (Plaintiff) Hudson Law (Defendant) File Number(s): 2016/230995
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