Bryant v Quinn

The appeal in *Bryant v Quinn* concerned a dispute between the appellant, Ms Susan Bryant, and the respondent, Mr Terence Quinn, regarding moneys advanced by Mr Quinn to Ms Bryant. The primary judge had found that certain moneys advanced by Mr Quinn were by way of a conditional gift, but this basis was not pleaded. The appeal was heard by Ward P, White and Brereton JJA.

The legal issues before the Court of Appeal included whether the primary judge erred in finding that certain moneys advanced by the respondent to the appellant were by way of a conditional gift, particularly when this was not a pleaded case. The court also considered the implications of a conditional gift not being pleaded and the appropriate orders to be made on appeal.

The Court of Appeal allowed the appeal in relation to the first ground, setting aside the order requiring Ms Bryant to pay $50,729.24 to Mr Quinn. The court reasoned that the primary judge's finding of a conditional gift was made without that basis having been properly pleaded, which prejudiced the appellant. Consequently, the claim for recovery of payments made towards Ms Bryant's legal costs was remitted to the District Court for re-hearing. The court also varied the costs orders at first instance and ordered Mr Quinn to pay 50% of Ms Bryant's costs of the appeal. Liberty was granted for parties to apply for court-annexed mediation of the remaining issues.