Moot Problem – Week Stuvac - accessible version PDF

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Western Sydney University School of Law 200011 Contracts Autumn 2021 Moot Problem for Stuvac Week (7 - 11 June 2021) Samuel Seabury v Charlotte Mecklenburg

Facts Samuel Seabury is a public speaker and ‘master of ceremonies’ (‘MC’). He has a reputation for being quite smarmy and using overly flowery language, which makes him very popular with some groups of people. He is also a tragic romantic, having fallen in and out of love several times. Those relationships worked out well for him and Samuel in fact owns several properties, mostly small apartments around Sydney. Further, he is a collector of antique jewellery, with a good ability to spot rare and expensive pieces. Charlotte Mecklenburg (‘Queenie’ to her friends) is a social events organiser. She is particularly well known for arranging very successful fundraising events for not-for-profit organisations. She is also completely ‘addicted’ to following gossip about celebrities on social media. She tells herself it is ‘for work’ but in reality she spends many, many hours every day following her Twitter and Instagram feeds closely for the latest breaking celebrity news. Although she appears to be quite successful, she is in fact behind on her rent and is about to be evicted from her apartment. Her one remaining possession of any value is an elegant antique necklace with an ‘Arcot diamond’ set in it. She wears it all the time and it is a family heirloom. Charlotte’s latest event to organise is a fund-raiser for ‘The Hamilton Addiction Support Service’ (a charity designed to support people who are addicted to the musical, ‘Hamilton’) and she needs to find a good MC to run the event. She is told of Samuel by a friend so she arranges a meeting with Samuel at a local café, ‘The Ton’. Samuel falls in love with Charlotte at first sight. He is struck by her witty comments and the way she can check her phone and type things into the phone while still, seemingly, talking with him. He also notices her necklace and he recognises the Arcot diamond set in it. He takes a flower from a nearby table and gives it to Charlotte, presenting it to her with as much adoration and meaning as he can muster. She accepts it, while still reading her phone. Samuel and Charlotte meet regularly at ‘The Ton’ café over the next few weeks to continue planning the event. The meetings mean a great deal to Samuel – he turns up early, pre-orders Charlotte’s favourite drink (a double shot macchiato), compliments her on many things and looks adoringly at her (one might even say he had ‘puppy dog eyes’). Although they mostly talk about organising the event, Samuel tries to include what he things are alluring details about himself, including that he owns several apartments. He does start to realise though that she really does read her phone a lot and is constantly flicking, swiping and typing. During one meeting he asks, “Hear ye! Hear ye! You are simply the most amazing reader and typist on a smart phone the world has ever seen. Do you perchance though read it too often?” Charlotte is taken aback and replies, “It’s Twitter and Instagram. I have to follow them for work. I need to know what’s going on.” Samuel replies, “Heed not the rabble! They have not your interest at heart!” He reaches across the table and grabs her hand, quite fervently. She thinks he is trying to take away her phone and looks up at him with a mix of fear and anger. Realising he is only reaching for her hand, she places her other hand on his hand, dismissively taps his hand a few times then pushes his hand away.

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The day of the fundraising event arrives. It will be held at a very stylish restaurant called ‘The Continental Congress’, which looks out over Sydney Harbour. By coincidence, it also happens to be a day on which there is expected to be some very significant celebrity gossip released in a ‘tell -all’ interview with a former member of The Royal Family; Charlotte is on edge to find out. An hour before the event, Samuel finds Charlotte to be very distracted. “Forsooth my dear Charlotte, are you alright? Can I assist?” Charlotte looks up from her phone with very worried eyes. She says, “It’s all going wrong today. It could be a total disaster.” Samuel replies, “What? The fundraiser?” Charlotte says, “No. My life! I am about to be kicked out of my apartment today and I have nowhere to go. And there is breaking news any minute about a Royal scandal. I have no idea what to do.” Samuel says, “Can I help?” Just then, Charlotte remembers Samuel’s apartments and says, “Give me one of your apartments. That will save me! I don’t know what else to do.” Samuel replies, “Give? Rent maybe?” Charlotte says, “I have no money for rent; you’re well off; can you give it to me?” Samuel is taken aback by the request but after a moment reflecting on how much he loves Charlotte he replies, “Absolutely. Whatever is mine is yours.” The fundraising event is a huge success. When Samuel sees Charlotte immediately after the event, he notices, again, the Arcot diamond necklace. He thinks, I have just given her a home, the least I could ask for is that necklace. Samuel approaches Charlotte, who seems particularly distracted. He asks, “Mercy, are you alright?” Charlotte replies, “No! The big celebrity news still hasn’t broken yet! I can’t stand the wait!” She looks down at her phone again. Samuel reaches out and snatches away the phone. Charlotte is visibly distressed. Samuel says, “I want something in return for the house – that necklace.” Charlotte is shocked. “What?! My necklace. No way! And give me back my phone.” Samuel holds the phone out of Charlotte’s reach and says, “The necklace. Please.” Charlotte is very agitated and looking quite pained. Finally, she says, “Fine. Here. Take it. Now give me that phone.” She hands over the necklace and Samuel hands back the phone. The next day, Samuel arranges for one of his apartments to be transferred to Charlotte and the transfer is completed a few days later. A month later, Samuel reconsiders the situation and regrets giving away the apartment. He asks Charlotte to return it to him. She refuses. She asks for the necklace back. He refuses. Samuel and Charlotte go to their respective solicitors seeking advice on how to reclaim the apartment and diamond necklace. Both solicitors foresee an action in unconscionable dealing. Samuel’s solicitor commences action first by demanding the return of the apartment and Charlotte’s solicitor counter claims for the return of the necklace. At trial, the learned judge dismisses both unconscionable dealing claims. Samuel Seabury appeals the decision to the Court of Appeal. Charlotte Mecklenburg cross-appeals. Rules and Requirements Team T1 is for the appellant, Samuel Seabury, and Team T2 is for the respondent, Charlotte Mecklenburg. If a team has a senior counsel and a junior counsel, then senior counsel must examine the issue of Samuel Seabury’s unconscionable dealing claim to return the apartment and junior counsel must

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examine the issue of Charlotte Mecklenburg’s unconscionable dealing claim to return the necklace. (Note: the Moot Rules set out who is senior and junior counsel, unless both team members agree on a different allocation.) If a team only has one counsel, then counsel must examine the issue of Samuel Seabury’s unconscionable dealing claim to return the apartment. Note: counsel are not required to and should not make submissions in relation to formation, unconscionable conduct under the Australian Consumer Law or ‘unjust contracts’ under the Contracts Review Act 1980 (NSW). Recommended reading: Blomley v Ryan (1956) 99 CLR 362, Commercial Bank of Australia v Amadio (1983) 151 CLR 447, Louth v Diprose (1992) 175 CLR 621, Bridgewater v Leahy (1998) 194 CLR 457.

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