French v Bremner [2019] NSWSC 1033

Supreme Court New South Wales

Medium Neutral Citation: French v Bremner [2019] NSWSC 1033 Hearing dates: 6, 7, 8, 9, 10, 13, 14, 15 and 16 May 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: See [474]-[477]. Catchwords: EVIDENCE — Hearsay — Exceptions — First-hand hearsay exceptions – Evidence Act 1995 (NSW), s 63 – application to tender draft affidavit where witness refused to answer questions – adequacy of s 67 notice – whether document "marked" by witness where witness amended draft affidavit and returned by email – whether representation "made" by attaching draft affidavit to email – whether evidence should be excluded under s 135.

CONTRACTS — Formation – whether one party agreed to "buy" other party's mortgage – whether party breached agreement by failure to indemnify other party against mortgagee's claim for funds owing.

CONTRACTS — Formation – alleged agreement by one party to undertake European joint venture to exploit a second party's magnetic coupling invention – incompleteness – parties had not reached concluded agreement on terms of licensing of intellectual property or identity of shareholders – parties to alleged agreement not correctly joined to proceedings.

CONTRACTS — Formation – whether one party agreed for a second party to manage and maintain certain properties acquired with the first party's funds.

EQUITY — Trusts and trustees — Resulting trusts – whether one party entitled to resulting trusts over properties registered in second party's name where first party advanced substantial portion of purchase price – presumption of resulting trust rebutted.