Markovsky v Teplitsky [2022] NSWSC 1164

Supreme Court New South Wales

Medium Neutral Citation: Markovsky v Teplitsky [2022] NSWSC 1164 Hearing dates: 25 August 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Declare that the Deed dated 18 May 2018 is valid and binding on the parties to it; otherwise dismiss the Summons Catchwords: CONTRACTS – proper construction – whether agreement that a party has the commercial and economic ownership of identified assets entitles that party to require that the assets be transferred to him Cases Cited: Ansett Transport Industries (Operations) Pty Ltd v The Commonwealth (1977) 139 CLR 54; [1977] HCA 71 Ex parte Dawes (1886) 17 QBD 275 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85; [2016] HCA 47 Victoria v Tatts Group Limited [2016] HCA 5 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, 2020, Thomson Reuters) Category: Principal judgment Parties: Lynelle Markovsky (First Plaintiff) Curlewis Street Investments Pty Ltd (Second Plaintiff) Michael Teplitsky (First Defendant) Zone Developments Pty Limited (Second Defendant) Spring Street Property Group Pty Limited (Third Defendant) Roscoe Street Investments Pty Limited (Fourth Defendant) Cross Street Investments Pty Limited (Fifth Defendant) Representation: Counsel: S Epstein SC with G Tsang (Plaintiffs) M S Henry SC (Defendants)