The Court dismissed all claims by the first plaintiff against the defendants, finding that alleged oral representations regarding a Sydney lease, the purchase of a Craigieburn property, and fit-out contributions were not established on the evidence. The plaintiff's case failed because his affidavit evidence was internally inconsistent across two affidavits, was contradicted by his own contemporaneous documents, was unsupported by any bank statements, receipts or documentary corroboration of alleged cash payments totalling $635,000, and was contradicted by the defendants' unchallenged documentary evidence showing that the property purchase and fit-out were funded entirely by Dr Ozme through bank loans and her medical company account. The Court also refused a last-minute adjournment application where the plaintiff had not taken steps to obtain representation in the four months since the hearing was listed and there was no basis to conclude an adjournment would materially change his position.
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