Phoparisut v Saengthong [2023] NSWDC 28

District Court New South Wales

Medium Neutral Citation: Phoparisut v Saengthong [2023] NSWDC 28 Hearing dates: 29 September 2022, 11 October 2022, 25 November 2022 and 9 February 2023 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the first plaintiff against the first defendant in the sum of $69,764; (2) Judgment for the second plaintiff against the first defendant in the sum of $22,200 (3) Interest thereon in each case at the rates pertaining from time to time pursuant to section 100 of the Civil Procedure Act. (4) Judgment and verdict for the second defendant against the plaintiffs. (5) Any parties wishing to be heard on costs should notify my associate of that fact no later than 4:00pm on 22 February 2023, with such indication to include particulars of the costs order sought ("Notification"). (6) In the absence of Notification, the court will make no order as to costs. Catchwords: CONTRACT – Principal and Agent – undisclosed principal – parties to transaction – assignment of debts Legislation Cited: Conveyancing Act 1919 Uniform Civil Procedure Rules Cases Cited: Bluebottle v DCT (2006) 233 ALR 747 Holt v Heatherfield Trust Ltd [1942] 2 KB 1 Imray v Griffın (1889) 10 LR (NSW) 114 McIntyre v Gye (1994) 51 FCR 472 Performing Right Society Ltd v London Theatre of Varieties Ltd [1924] AC 1 Texts Cited: Equity: Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Principal judgment Parties: First Plaintiff: Orawan Phoparisut Second Plaintiff: Chitpong Prasertsri First Defendant: Chatkaew Saengthong Second Defendant: Yossarudee Saengthong Representation: Counsel: Plaintiffs: Mr D Olivieri Defendants: Mr R Antill