NSW Gift being asked back

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Jacko1976

Member
7 June 2017
2
0
1
Hi,
I was given a coffee machine by a friend and after an unrelated dispute with her sister she now wants it back. I had a coffee machine at the time through my coffee supplier and then this friend gave me a machine she acquired told me it was mine to own outright. I have witnesses for this. I also offered her money at the time for it and was told no it didn't cost her anything as she acquired it from her last place of work. Since the dispute with her sister she has asked for the machine back and I told her that she gave it to me stating the above and now she is threatening legal action and claiming she has proof of purchase of the machine. Advice please
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Jacko,
If the coffee machine means that much to you, I would get the witness statements documented and let her pursue you for the coffee machine. If you can prove she gifted it to you, then she can have all the receipts she wants. Just out of interest how did she get proof of purchase for something she acquired from work for free? I must work in the wrong industry.
 

Jacko1976

Member
7 June 2017
2
0
1
Thank you. I have already asked the two witnesses to do a statement for me and they are happy to oblige. I havent seen this apparent proof of purchase so not sure. At the time she told me that her boss had offered to give her the machine, as he was replacing theirs, for her new house. She didn't want it but offered to get it for me so that ' I could own my machine outright'. Like I said I offered money at the time and was told no need as it didn't cost her anything. So either she is lying about the proof of purchase or was lying about the aquiring at the time she offered it to me.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
www.hutchinsonlegal.com.au
Might get the boss to produce a fake invoice.

Either way once you get the witness statements, plus your own account you should be safe. It would be unlikely she'll take something like this to court.