VIC Magistrates Court - Ex Suing for Money Gifted to Me?

[kendall_halliday11]

Hey,

I just have a question - long story trying to make it short as possible.

When I met my ex, who is a CEO, I was a Dancer. Within two weeks of meeting him, he asked me to quit my job (September 20th) and said he would support me - because a 'CEO could not be seen with a dancer'. He also said he would assist in finding me a job at his work.

On 4th of October, a mutual friend (at the time), deposited $5,000 into my account, as she owed my ex a total of $8,000. My ex told me to keep it to live off, as it is easier than him going to his bank account and transferring/taking out money cause his ex wife has access to it.

The mutual friend deposited another $900, a month later, which he also told me to keep too (side note - when we were together he gave me four of his bank cards to buy whatever, took me on 3 overseas holidays - business class, etc even though the relationship was 3 months in total).

On October 27th, I signed a 3-month contract and a few weeks later we broke up.

Long story short, he threatened to fire me now that we were over. I caught this on voice recording, played it to HR, and as such, he agreed to pay out my 3-month contract... After a long battle, and letters of demand sent by myself, I got paid 2 weeks ago for the duration of my employement contract.

At the same time, I sent my letter of demand roughly November, he sent one through his lawyers saying the explained money owed was a loan, and he has just issued proceedings in the Magistrates Court.

I am a law student and should know this but the burden of proof is on him, and his case does not seem all that credible. He has told people that he 'wants to make me suffer, and the girl who transferred the money is willing to testify against me' - however I am not arguing that the money was deposited. I am arguing the fact it was a gift not a personal loan!

Any help would be great! <3

 

[Rod]

What evidence do you have that supports your story?

And which Uni?

 

[kendall_halliday11]

What evidence do you have that supports your story?
Why?

And which Uni?

And Why?

Neither questions assist me

 

[Rod]

First question does. Second may.

Because knowing what evidence you have helps determine what your chances are of defending your claim of a gift. You have an advantage in that he needs to prove the existence of a loan but it may come down to who is more believable in court.

If we are on the same campus we can discuss in greater detail than is possible in a forum. FYI, I'm at Burwood. And I understand your concern

FYI2 I am past the age of having a salacious interest in this matter. I am looking at increasing my value to the community by helping people with real legal issues.

 

[kendall_halliday11]

I understand, however I don't have evidence as it wasn't a loan! :S

If I give someone a gift I don't keep evidence of giving it... I have nothing but the truth - is as above and juxtaposed to what he has - which is a mere receipt that the money was deposited I just wondered who is going to have the upper hand. He has no evidence of a loan, only that money was deposited.

I just asked as I would like to know from a lawyers point of view what their opinion is.

And I'm not at Burwood, different uni!

 

[Rod]

Have you been served yet? If yes, what evidence was he put in his statement of claim?

If real evidence is non-existent, make a request for a summary judgement in your favour plus costs.

I'd be reminding him that court documents are in the public domain and court judgements are on the public record and this would not look good when the next head hunter does searches on his name. His current board of directors probably wouldn't be happy he hired and fired someone he was in a relationship with.

He has told people that he 'wants to make me suffer'

Undertaking legal action for an improper purpose opens him up to damages. If the people quoted above are willing to be your witnesses you may have a cause of action against him and can counter claim. Plus his lawyer is not supposed to initiate legal action if there is no proper basis for a claim. Not sure how far through your course you are but check the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015.

 

[Rob Legat - SBPL]

Evidence could be as simple as things like:

- A text message or email around the time of the transfer which refers to the amount in some way.
- Any notation on the electronic transfer.
- Whether any part of the sum has been returned/repaid.
- Did you usually get transfers for living expenses? And if so, were they of similar amounts? Was this transfer given in lieu of the 'normal' transfer?
- Did you ask for any money in the time leading up to the transfer (so that it may be construed that it was a loan)?
- Were any amounts given to you in the form of loans? If so, what are the similarities and differences between those instances and these ones?

If there's sufficient indication of an intention that the amount be a loan, it won't necessary matter that there isn't a 'loan agreement' or similar; especially if he's only asking for the amount back with no added amount for interest.

 

[kendall_halliday11]

In regard to the text - as the girl was a mutual friend and he doesn't have Facebook, he got me to chase up the money she owed him, but the only thing I have is a text from her saying 'babe I need your account details, (my ex) will tell you why when you see him."

And the only text he sent was the morning after where he said 'I really don't want to message anymore, and sorry to be sending you this message but I want to finalise some outstanding items. Can you please confirm when you will be repaying my money deposited into your account by (mutual friend)... that you wer suppose to pass on to me, however I haven't yet received it. You don't have to respond because I will just assume your answer."

I have a copy of the transfer and that's it.

Given the amount he gave me, 5k was enough to get me through while I was unemployed... and then randomly he text me twice asking if I needed money, but I said no. Also I was in possession of 4 of his credit cards....

I never asked for any money whether it be face to face or anything. So he has no proof or anything of that, he would offer but I said no, as above.

This transaction and the following one was the only times money was in my account, it wasn't a loan. He was owed money, he deposited it in my account from the mutual friend and told me to live off it...

Thanks for the reply guys appreciate it heaps

 

[Rob Legat - SBPL]

So, if I have this correctly according to the 'documents' you describe (and ignoring for a second the verbal conversations):

(a) You received money from a third party, with information that your ex will tell you why you are receiving it;
(b) The morning after the transfer, you received a message from your ex asking you to "please confirm when you will be repaying my money deposited into your account by [third party] ... that you were suppose to pass on to me";
(c) You didn't reply to his request for the money to be sent to him; and
(d) You have no records of having asked him for any money, or of him giving you money and saying it was a gift.

I think you've got a problem. As much as he might have told you verbally to keep the money (which I'll have to take your word for), you have a request from him for the money the day immediately after the transfer and nothing to say that you disagreed with that request.

Put that together with no evidence you can produce to support that it was given to you as a gift, and I think you might have a difficult time trying to convince a judge that he intended that you keep the money.

 

[kendall_halliday11]

There was no request for the money during the whole relationship... rhar text was received the day after we broke up...