Josifovski & Ors v Page [2010] NSWDC 177

New South Wales District Court

CITATION: Josifovski & Ors v Page [2010] NSWDC 177

HEARING DATE(S): 08 March 2010-11 March 2010

JUDGMENT DATE: 18 August 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict and judgment for Mr Josifovski in the sum of $61,083.68. 2) Verdict and judgment for Highwaygames.com in the sum of $170,485.34. DECISION: 3) The defendant is to pay the plaintiffs costs of the proceedings. This order is suspended for seven days to allow either party to list the proceedings for further argument on the issue of costs. 4) The exhibits will be retained for 28 days. 5) My reasons are published.

CATCHWORDS: COMMERCIAL TRANSACTIONS BETWEEN THE PARTIES - Whether contractual relationships or partnerships - Parties to the transactions - Credit - Fabrication of documents by defendant - Total failure of consideration - Deceit

Steve Josifovski (First Plaintiff) PARTIES: Highwaygames.com Pty Limited (Second Plaintiff) Lemuel John Page (Defendant)

FILE NUMBER(S): 2008/00314507 (Previously 150/08)

COUNSEL: Mr R D Marshall (For the First and Second Plaintiffs) Mr J O'Sullivan (For the Defendant)

SOLICITORS: Wiggins Cheffings Lawyers (For the First and Second Plaintiffs) Bartier Perry Solicitors (For the Defendant)

JUDGMENT

1 Mr Steve Josifovski and the company of which he was a director, Highwaygames.com Pty Ltd, claimed that they paid to Mr Lemuel Page or at his direction sums of money amounting to $137,521.75 that Mr Page agreed to apply on their behalf to various commercial transactions. They claimed that Mr Page failed to do so. Mr Page denied the claims against him and asserted that funds supplied by the plaintiffs were applied, with Mr Josifovski's knowledge and consent, to a number of high risk ventures that failed.