Stekovic v Radovanovic (No 2) [2023] NSWSC 1602

Supreme Court New South Wales

Medium Neutral Citation: Stekovic v Radovanovic (No 2) [2023] NSWSC 1602 Hearing dates: On the papers Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Equity Before: McGrath J Decision: See [34] Catchwords: PRACTICE AND PROCEDURE — form of declaration and orders to give effect to previous judgment — no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bloch v Bloch (1981) 180 CLR 390 Roberts v Goodwin Street Developments Pty Ltd [2022] NSWCA 103 Stekovic v Radovanovic [2023] NSWSC 1471 Tyro Payments Ltd v Kounta Pty Ltd (No 2) [2023] NSWSC 1402 Category: Principal judgment Parties: Milivoj Stekovic (First Plaintiff) Jovanka Stekovic (Second Plaintiff) Goran Radovanovic (Defendant) Representation: Counsel: A Davis (Plaintiffs) L Collaris (Defendant)

Solicitors: Chamberlains Law Firm (Plaintiffs) Warlows Legal (Defendants) File Number(s): 2022/00385224 Publication restriction: Nil

JUDGMENT

INTRODUCTION 1. On 29 November 2023, I determined these proceedings in favour of the plaintiffs, Milivoj and Jovanka Stekovic, against the defendant, Goran Radovanovic: Stekovic v Radovanovic [2023] NSWSC 1471. These reasons assume a familiarity with the facts and issues raised in Stekovic. 2. I determined that Milivoj and Jovanka are entitled to a declaration that an immediately binding settlement agreement arose between them on 3 June 2022 with the acceptance of the terms of the counter offer made on 2 June 2022: Stekovic at [64]. In Stekovic at [65] I stated: The parties are to consult and attempt to agree short minutes reflecting these reasons, including any claim for specific performance of the agreement, any claim to interest to the date of judgment, and costs and provide them to my Associate by email within 7 days. If the parties are unable to agree on the proposed orders by that time, I will determine those orders on the papers after allowing the parties a short period of time to provide me with any further evidence and submissions (of no more than 2 pages, 1.5 spacing, 12 font). 1. The parties have been unable to reach any agreement on the orders to be made reflecting my reasons in Stekovic. I have received submissions from each of them, together with the proposed form of orders that they each propound. 2. Having considered all of the matters raised by the parties in their respective submissions, set out below are the orders I propose to make, together with my reasons for making them.