Jun International Property Pty Ltd v Australian Brothers Group Pty Ltd [2022] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Jun International Property Pty Ltd v Australian Brothers Group Pty Ltd [2022] NSWSC 701 Hearing dates: 10 December 2021; 21 February 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Equity Before: Parker J Decision: See [52] Catchwords: PARTNERSHIPS AND JOINT VENTURES – joint venture agreement to develop commercial property – part of proceeds of sale held in trust account – contract provides for expert determination of dispute – expert determination leaves final balance of account undetermined – second expert determination sought after proceedings commenced – parties' proprietary interest in sale proceeds prior to final determination of amount due – amendment of summons – costs Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Partnership Act 1892, s 39 Cases Cited: Eden King Lawyers Pty Ltd v Makari [2022] NSWSC 296 Milevski v Paltos [2022] NSWSC 261 Category: Procedural rulings Parties: Motion filed 23 September 2021 Australian Brothers Group Pty Limited (First Applicant) ABG Group Pty Limited (Second Applicant) Jun International Property Pty Limited (Respondent)

Motion filed 16 November 2021 Jun International Property Pty Limited (Applicant) Australian Brothers Group Pty Limited (First Respondent) ABG Group Pty Limited (Second Respondent)

Motion filed 10 February 2022 Jun International Property Pty Limited (Applicant) Australian Brothers Group Pty Limited (First Respondent) ABG Group Pty Limited (Second Respondent) Representation: Motion filed 23 September 2021 Counsel: C Harris SC (First and Second Applicant) J Simpkins (Respondent)