Mohamed v Mohamed

This matter concerned an application for leave to appeal a decision of the primary court. The dispute arose from a contract between cohabiting unmarried parties, where one party agreed to make a payment to the other upon a defined event of separation. The applicant sought to argue that the contract was unenforceable by reason of public policy.

The central legal issue before the Court of Appeal was whether a defence based on public policy was arguable in relation to a contract between cohabiting unmarried parties that stipulated a payment upon separation.

Barrett and Ward JJA held that no defence based on public policy was arguable in the circumstances. The Court dismissed the application for leave to appeal with costs.