Brisbane Project Marketing Services Pty Ltd v Think Smart Strategies Pty Ltd

In the case of Brisbane Project Marketing Services Pty Ltd v Think Smart Strategies Pty Ltd, the Federal Circuit Court of Australia was asked to determine the validity of a claim against Think Smart Strategies Pty Ltd by Brisbane Project Marketing Services Pty Ltd. The latter sought payment for services rendered under an alleged oral agreement. The central dispute was whether an oral agreement existed, who were the parties to that agreement, and what the terms of the agreement were. The Federal Circuit Court dismissed the claim, finding no evidence to support the existence of an enforceable oral agreement between the parties.

The court was required to decide whether the plaintiff had established the existence of an oral agreement and if so, the terms of that agreement and who was bound by it. The court examined the evidence provided by both parties and concluded that there was no credible evidence to support the existence of an oral agreement or the terms claimed by the plaintiff. The court found that the plaintiff failed to discharge the onus of proving the existence of an enforceable contract on the facts of this case.

The court reasoned that the plaintiff's case was based on the testimony of one witness, which the court found to be unconvincing. The plaintiff's reliance on correspondence between the parties did not substantiate the claim of an oral agreement. The court held that the plaintiff did not meet the threshold of establishing a prima facie case for an oral contract, and therefore, the claim was dismissed. The court held that there were no grounds for leave to appeal, as the appeal would not have a reasonable chance of success.