Tomanovic Multiown Pty Limited v Interlux Projects Pty Limited [2021] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Tomanovic Multiown Pty Limited v Interlux Projects Pty Limited [2021] NSWSC 190 Hearing dates: 4, 5, 9 November 2020 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. The First Second and Third Defendants, within 14 days, file and serve Short Minutes of Orders giving effect to these reasons. 2. The Plaintiff, within a further 14 days, file and serve a note indicating any dispute with the proposed orders and any further submissions that it wishes to make as to the consequences of the orders in favour of the First, Second and Third Defendants. 3. The Fourth Defendant, within 14 days thereafter, file and serve any further submissions as to the consequences of the orders in favour of the First, Second and Third Defendants. 4. If there is any dispute as to orders, each of the parties has leave to apply for the purpose of fixing a date for further argument. 5. If there is no dispute as to the proposed orders, judgment be entered in accordance with the proposed orders. Catchwords: CONTRACTS — unjust contracts — Contracts Review Act 1980 (NSW) — Unjust terms considered — Matters under Contracts Review Act 1980 (NSW), s 9(2) CONTRACTS — undue influence — presumed undue influence — Parent and child — overlapping application at equity and under Contracts Review Act 1980 (NSW) Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12GM Civil Procedure Act 2005 (NSW), s 100 Contracts Review Act 1980 (NSW), ss 6, 7, 9 Corporations Act 2001 (Cth). s 1325 s 243 of the Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law s 17(3) Cases Cited: Brown v NSW Trustee and Guardian [2011] NSWSC 1203 Thorne v Kennedy (2017) 263 CLR 85; [2017] HCA 49 Tomkinson v First Pennsylvania Banking and Trust Co [1961] AC 1007 Texts Cited: Birks and Chin, "On the Nature of Undue Influence", in Beatson and Friedmann (eds), Good Faith and Fault in Contract Law (Oxford University Press, 1995) Meagher, Heydon and Leeming, Equity: Doctrines and Remedies (Lexis Nexis Butterworths, 4th ed, 2002) Category: Principal judgment Parties: Tomanovic Multiown Pty Ltd (Plaintiff) Interlux Projects Pty Ltd (First Defendant) Daniel Mudri (Second Defendant) Jessica Lauren Mudri (Third Defendant) Miroslav Mudri (Fourth Defendant) Representation: Counsel: V R W Gray (Plaintiff) E Ball (First, Second and Third Defendants) Fourth Defendant (self-represented)