Anthony v Morton [2018] NSWSC 1884

Supreme Court New South Wales

Medium Neutral Citation: Anthony v Morton [2018] NSWSC 1884 Hearing dates: 10, 13-15, 20-21 August 2018 Date of orders: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the plaintiff's claim. 2. Enter judgment for the cross-claimant against the first cross-defendant in the sum of $514,558.19 plus interest. 3. Reserve the question of costs to be dealt with, if possible, on the papers after the filing of written submissions in relation thereto. Catchwords: CONTRACTS – Alleged oral contract formed in telephone conversation between plaintiff and defendant in March 2002 – Held the formation of an express agreement not established on the evidence –Claim for relief founded on the existence of such an agreement dismissed

EVIDENCE – Business practice evidence – Evidence relevant as establishing a business practice which it is likely was put into practice in the particular case in the formation of an oral agreement – Evidence alternatively advanced as tendency or coincidence evidence – Relevant principles

ESTOPPEL – Conventional estoppel – Whether a common assumption existed as to the entitlement of the agent to an ongoing commission – Held no such assumption was shared by the plaintiff and the defendant – Claim for relief based on conventional estoppel dismissed

TORTS – Negligence – Whether literary agent breached duty of care and skill owed to client – Held there was a breach of the duty of care by failing to advise client as to the advantages and disadvantages of world rights deals