Douglas Allen Lloyd v Andrew John Doust

The parties to this proceeding are Douglas Allen Lloyd and Andrew John Doust, the dispute involves a contract for the harvesting of a canola crop. The case was heard in the Supreme Court of New South Wales. The central issue before the court was whether there was a contractual agreement that the defendant would commence harvesting ten days after the plaintiff had begun windrowing his canola crop. Additionally, the court had to determine if the specified time was an essential term of the contract and whether the alleged oral contract was plausible, considering the common practices in Western New South Wales between croppers and harvesters.

The court examined the evidence and testimonies to assess the plausibility of the alleged oral contract. It considered the usual practice in the region and the reliability of human memory over time, given the oral nature of the contract. The court determined that the evidence did not sufficiently support the existence of a binding contract as claimed by the defendant. The court found that the alleged contract was not plausible based on the circumstances and the practices in the region.

The court dismissed the cross-claim brought by the defendant. The defendant was ordered to pay the plaintiff's costs of the statement of claim on the ordinary basis until 27 October 2016 and thereafter on the indemnity basis. The court also ordered the defendant to pay the costs of the cross-claim.