NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Pino Woolloomooloo Pty Limited v Autore; Costagliola v Autore [2024] NSWDC 353 Hearing dates: 8 - 9, 14 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Civil Before: Neilson DCJ Decision: See pars [55] and [58]. Catchwords: DEBT – Who bears onus in an action in debt – Defendant bears onus of proof of payment in full. CONTRACT – Whether a document headed "Letter of Understanding and Intent" signed by each party was a binding contract – Each party a businessman and the "Letter" was to reach an agreement between them finalising a joint venture. DURESS – UNCONSCIONABLE CONDUCT – Whether made out on the evidence. Legislation Cited: Nil. Cases Cited: Australian Securities and Investments Commission v Kobelt [2019] HCA 18, [145]-[153]. Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24, [55]. Texts Cited: Carter, Contract Law in Australia 7th ed, (2018), [37-01], [37-06]. Category: Principal judgment Parties: First Proceedings: Plaintiff – Pino Woolloomooloo Pty Limited Defendant – Gennaro Autore
Second Proceedings: Plaintiff – Giuseppe Costagliola Defendant – Gennaro Autore Representation: Counsel: Plaintiffs – Roche, D. SC. Defendant – Self-represented.
Solicitors: Plaintiffs – Cadre Moss. Defendant – Self-represented. File Number(s): 2023/00070384; 2023/00314208. Publication restriction: Nil.
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