John William Trivett v Trivett Classic Pty Limited

John William Trivett (the applicant) brought proceedings against Trivett Classic Pty Limited (the respondent) in the Supreme Court of New South Wales. The dispute concerned the applicant's entitlement to a share of the profits of the respondent company, which he alleged was due to him under an oral agreement. The applicant claimed that he had been promised a share of the profits of the business, which he had helped to establish and operate, in return for his services.

The primary legal issue before the court was whether an enforceable oral contract existed between the applicant and the respondent, whereby the applicant was entitled to a share of the company's profits. This involved determining whether the parties had reached a concluded agreement on essential terms, and whether there was an intention to create legal relations. The court also had to consider the application of the doctrine of part performance, should the agreement be found to be unenforceable due to the absence of writing.

Justice Vija Zars found that the applicant had failed to establish the existence of a concluded oral agreement for a share of profits. The court reasoned that the evidence did not demonstrate a clear consensus on the essential terms of such an agreement, including the precise nature of the profit share and the period for which it was to be paid. Consequently, the court held that there was no enforceable contract, and therefore no need to consider the doctrine of part performance. The applicant's claim was dismissed.