Event and Time
Event Description
The case involves Mr. Tram, the sole director of Tram Holdings Pty Ltd, who contracted Innerwest Real Estate Agency, directed by Mr. Abedin, to sell a property located at 3/164 Darlinghurst Road, Potts Point. After the sale completed, Mr. Tram claimed he was owed an additional $550,000 that was purportedly agreed upon but was not reflected in the formal contract.
Application and Claims
- Plaintiff: Mr. Tram seeks payment of $550,000 from Mr. Abedin and Innerwest based on a deed signed by Mr. Abedin.
- Defendants: Mr. Abedin asserts he is not bound to the deed as he claims he did not sign it. Innerwest contends there are counterclaims regarding the Cheque issued to Mr. Tram and the enforceability of the claim regarding the alleged "cash" payment, suggesting it goes against public policy.
Judicial Decisions
The court's decision was pending orders based on the arguments and evidence presented by both parties concerning the existence and enforceability of the deed.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Mr. Tram claims a prior agreement for an additional payment of $550,000 beyond the contract price. - He alleges that Mr. Abedin promised to pay this amount and signed a deed to ensure payment.
- Defendants' Arguments:
- Mr. Abedin disputes the existence and enforceability of the deed, claiming he did not sign it. - Innerwest argues that any obligation to pay is invalid due to the Cheque being delivered under conditions that were breached, making its presentation to the bank improper. - Both defendants argue that the additional cash payment is unenforceable as it could be considered contrary to public policy.