Booth v Cerreto [2023] NSWSC 1574

Supreme Court New South Wales

Medium Neutral Citation: Booth v Cerreto [2023] NSWSC 1574 Hearing dates: 25 – 26 September, 3 October 2023 Decision date: 15 December 2023 Jurisdiction: Equity Before: Kunc J Decision: Orders to be made for judicial sale and accounting of contributions Catchwords: PARTNERSHIPS AND JOINT VENTURES — Joint venture agreements — Rights and duties between joint venturers — Agreement to develop land — Accounting between joint venturers where agreement breached by venturers responsible for developing land abandoning the venture Cases Cited: Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd [1945] AC 221 Dalmia Dairy Industries Ltd v National Bank of Pakistan [1978] 2 Lloyd's Rep 223 Makaritis v Makaritis (No 3) [2023] NSWSC 409 Woods v McKinlay (No 2) [2021] NSWSC 1510 Category: Principal judgment Parties: Millie Booth (first plaintiff) William Grant Booth (second plaintiff) Mary Butterworth as co-executor in the Last Will of Maria Immaculata Dominello (third plaintiff) Norm Cerreto (first defendant) Antonio Salerno (second defendant) Arthur Street Facility Management Pty Ltd (third defendant) Arthur Street Build Group Pty Ltd (fourth defendant) Australia and New Zealand banking Group Ltd (fifth defendant) Westpac Banking Corporation (sixth defendant) Representation: Counsel: N Kidd SC/J Darvall (plaintiffs) A Cheshire SC/C Carroll (first to fourth defendants) Solicitors: Mercuri Lawyers (plaintiffs) AJL Legal (first to fourth defendants) File Number(s): 2016/109465