An appeal from a Small Claims Court decision concerning whether the court had jurisdiction to hear a claim for repayment of money allegedly lent between former cohabiting partners.
The appellant argued the dispute constituted a family law matter involving either constructive trust principles or an unenforceable oral cohabitation agreement, and therefore should not proceed in Small Claims Court.
The court held that the claim disclosed a common law cause of action in contract for repayment of a loan and was a discrete debt issue independent of broader family law proceedings.
The court further confirmed that Small Claims Court may grant equitable relief where the remedy sought is monetary within its jurisdictional limit.
The appeal was dismissed and the Small Claims Court proceeding allowed to continue.
