Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd and Ors

[2013] NSWSC 529

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACTS - heads of agreement - whether binding arrangement - use of extrinsic evidence in determining formation of contract - construction of contracts - use of extrinsic evidence in construction of contract.
1. CONTRACTS - relief from obligations - relief under general law and consumer protection legislation from contractual obligations - whether contract is unjust under the Contracts Review Act 1980.
1. EVIDENCE - admissibility of non-expert evidence as to human condition, personal characteristics and behaviour - assessment of credibility of witness - discretion of judge to accept or reject evidence - whether appointment of tutor affects discretion to make findings as to credibility.
1. EQUITY - unconscionable conduct - whether defendant engaged in unconscionable conduct at general law.