Sevdalis v Sevdalis [2023] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: Sevdalis v Sevdalis [2023] NSWSC 155 Hearing dates: 5, 6 and 7 September 2022 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Equity Before: Henry J Decision: Plaintiff's claim for declaration that land is charged for payment of $620,000 dismissed. Relief granted to defendant pursuant to Contracts Review Act 1980 (NSW) setting aside agreement made on 30 March 2020. Catchwords: CONTRACTS — unjust contracts — Contracts Review Act 1980 (NSW) — claim for declaration that land is charged for payment of $620,000 — cross-claim by defendant to set aside contract — where plaintiff and defendant are brothers — where defendant acknowledged amount owing of $620,000 and charge over property for mortgage repayments, transfer of half-interest in family property and other payments — where defendant pressed to sign to avoid potential legal proceedings — where $620,000 amount unsubstantiated and misleading — where agreement has disadvantageous legal and practical impacts on defendant — where defendant did not understand significance of agreement on legal rights — where defendant denied opportunity to take independent advice — where inequality of bargaining power between parties — contract held to be unjust and set aside Legislation Cited: Bankruptcy Act 1966 (Cth) Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Cases Cited: Balagiannis v Balagiannis [2022] NSWCA 18 Baltic Shipping Company, The Mikhail Lermontov v Dillon (1991) 22 NSWLR 1 Callisher v Bischoffsheim (1870) LR5QB 449 Fox v Percy (2003) 214 CLR 118 Lauvan Pty Ltd v Bega (2018) 330 FLR 1; [2018] NSWSC 154 Magann v Trustees of Roman Catholic Church for Diocese of Parramatta [2020] NSWCA 167 Perpetual Trustee Co Ltd v Khoshaba (2005) 14 BPR 26,639; [2006] NSWCA 41 Provident Capital Ltd v Papa (2013) 84 NSWLR 231; [2013] NSWCA 36 Re Hyams; Official Receiver v Hyams (1970) 19 FLR 354 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Superannuation & Corporate Services Pty Ltd v Turner [2020] NSWCA 246 Watson v Foxman (1995) 49 NSWLR 315 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Texts Cited: JD Heydon QC, Heydon on Contract (2019, Thomson Reuters) Category: Principal judgment Parties: George Phoebus Sevdalis (Plaintiff/First Cross-Defendant) Nicholas Peter Sevdalis (Defendant/Cross-Claimant) Stella Sevdalis (Second Cross-Defendant) Representation: Counsel: D Allen (Plaintiff/Cross-Defendants) B Oliak (Defendant/Cross-Claimant)