Tomanovic Multiown Pty Limited v Interlux Projects Pty Limited (No 2) [2021] NSWSC 923

Supreme Court New South Wales

Medium Neutral Citation: Tomanovic Multiown Pty Limited v Interlux Projects Pty Limited (No 2) [2021] NSWSC 923 Hearing dates: On the papers (submissions 11 June 2021) Date of orders: 29 July 2021 Decision date: 29 July 2021 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Order, pursuant to section 7(1)(a) of the Contracts Review Act 1980 (NSW) that the Deed of Loan dated 12 April 2011 between the plaintiff as "Lender" the first defendant, as "Borrower" and the second and third defendants, as "Guarantor" ("the Deed of Loan") not be enforced and is unenforceable against the second and third defendants. 2. Order that the Deed of Loan not be enforced further against the first defendant. 3 Order that the proceedings against the first, second, third and fourth defendants are otherwise dismissed. 4 Order pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW), that the plaintiff pay the first, second, and third defendants' costs in the specified gross sum of $124,000. 5. Order that the fourth defendant pay to the plaintiff 60% of the sum paid by the plaintiff in performance of Order 4. Catchwords: COSTS — party/party — court's discretion — application for costs as a specified gross sum — whether factors warranting established PROCEDURE — judgments and orders — in general — application to reopen — whether factors warranting established Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Contracts Review Act 1980 (NSW), s 7 Cases Cited: Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2020] NSWSC 48 Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2021] NSWSC 190 Texts Cited: Nil Category: Costs 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: Plaintiff (self-represented) E Ball (First, Second and Third Defendants) Fourth Defendant (self-represented)