Latest Cases Case Lookup LegislationBeta Notebook Research Briefs

Diao v Cohen [2016] NSWSC 96 — Agreement & Moneys Had And Received — Barrister AI

Diao v Cohen

[2016] NSWSC 96

Supreme Court of NSW

View on CaseLaw

More

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Agreement
3. › Subject to contract
4. › Whether parties intended to be immediately bound - No written agreement signed as contemplated
5. › Held, no contract
1. Restitution
2. › Moneys had and received
3. › Failure of consideration
4. › Change of position defence
5. › Whether inequitable to require recipient to pay

Case Details

Citation[2016] NSWSC 96

CourtNSWSC

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2020Ironbridge Holdings Pty Ltd (admin apptd) (rec and mgr apptd) v O'GradyVSC 344
2018Kostov v State of New South Wales (Vexatious Proceedings)NSWSC 1794
and 1 more after sign-in

Relies on18

2015Universal Music Australia Pty Limited v PavlovicNSWSC 791
2015Mushroom Composters Pty Ltd v IS & DE Robertson Pty LtdNSWCA 1
2014Australian Financial Services and Leasing Pty Limited v Hills Industries LimitedHCA 14
2014TMA Australia Pty Ltd v Indect Electronics & Distribution GmbH; TMA Tech Pty Limited v Indect Pty Ltd & OrsNSWSC 409
and 14 more after sign-in

Create free account

Already have an account? Sign in

See how it works