Wong v Novakovic [2022] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Wong v Novakovic [2022] NSWSC 1072 Hearing dates: 17 and 18 March 2022, submissions closed 25 May 2022 Date of orders: 12 August 2022 Decision date: 12 August 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) Judgment for possession of land may be given in this case without the plaintiff (Mr Wong) filing an affidavit complying with r 36.8(1) of the Uniform Civil Procedure Rules 2005 (NSW). (2) Judgment for the plaintiff for possession of the land comprised in Certificate of title folio identifier XXX being the land situated at XXX, Silverdale, NSW 2752. (3) Leave to issue a writ of possession forthwith. (4) The execution of the writ of possession is stayed until midnight on 24 September 2022 or such later time as the Court may determine. (5) The first and second defendants (Mr and Mrs Novakovic) are to pay the plaintiff's costs of the plaintiff's claim against them on an indemnity basis. (6) Judgment for the first cross defendant (Mr Wong) on the first cross claim. (7) The first cross claimant (Mrs Novakovic) is pay the first cross defendant's costs of the first cross claim on an indemnity basis. (8) The parties have liberty to apply by notice of motion, filed within 14 days of these orders, seeking any further orders in this matter. Catchwords: CONTRACTS – Unjust contracts – Contracts Review Act 1980 (NSW) – Whether contract unjust in the circumstances at the time the contract was made – Contract not unjust in the relevant sense despite cross claimant having been under some pressure to sign it. POSSESSION – Leave to issue writ of possession –Leave granted. Legislation Cited: Contracts Review Act 1980 (NSW), ss 4, 6, 7, 8, 9, 19 Uniform Civil Procedure Rules 2005 (NSW), rr 6.8, 10.14, 36.8 Cases Cited: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345; [2012] HCA Canty v PaperlinX Australia Pty Ltd [2014] NSWCA 30 Capital Securities XV Pty Ltd (in liquidation) v Calleja [2020] NSWSC 301 Chung Wah Wong v Ivan Novakovic [2021] NSWSC 1130 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 9 Lauvan Pty Limited v Bega; [2018] NSWSC 154 Magann v The Trustees of the Roman Catholic Church for the Diocese of Parramatta [2020] NSWCA 167 Manly Council v Byrne [2004] NSWCA 123 Payne v Parker [1976] 1 NSWLR 191 Perpetual Trustee Co Ltd v Khoshaba [2006] NSWCA 41 Provident Capital Ltd v Papa (2013) 84 NSWLR 231; [2013] NSWCA 36 Secure Funding Pty Limited v Coughlin (2009) 74 NSWLR 687; [2009] NSWSC 384 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389; (2011) ASC ¶155–107 West v AGC (Advances) Ltd (1986) NSWLR 610 Wong v Novakovic [2021] NSWSC 1381 Texts Cited: J R Peden, Harsh and Unconscionable Contracts: Report to the Minister for Consumer Affairs and Co-operative Societies and the Attorney-General for New South Wales, 1976 Category: Principal judgment Parties: Chung Wah Wong (Plaintiff/First Cross Defendant) Ivan Novakovic (First Defendant/Second Cross Defendant) Susan Novakovic (Second Defendant/Cross Claimant) Perpetual Trustees Limited (Third Defendant) Representation: Counsel: J O'Sullivan (Plaintiff) T J Morahan (Second Defendant)