NSW Caselaw
New South Wales District Court
CITATION: Michael v Ogun [2009] NSWDC 52
HEARING DATE(S): 16, 17, 18 and 19 February 2009
JUDGMENT DATE: 31 March 2009
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
1. Verdict for the plaintiffs against the defendant on the claim in the amount of $63,838.34. DECISION: 2. Verdict for the cross-claimant/defendant against the cross-defendants/plaintiffs on the cross-claim in the amount of $24,040. 3. Parties to be heard on interest and costs before final orders are made. 4. Parties to be heard as to whether judgment should be entered separately on each verdict or for the balance of $39,798.34 in favour of the plaintiffs by way of set-off.
CATCHWORDS: CONTRACTS-Ongoing trading relationship between the parties-Trade in artworks and artefacts-Barter system-Membership of Bartercard organisation-Sale of goods but subject to payment or return of goods in a reasonable time-Loans-Formation of a partnership to develop a tourist resort-One party acting as a travel agent for the overseas holiday of the other party-Payment for the holiday in Barter dollars or credit points-Alleged unauthorised use of one party's credit card by the other-Respective amounts owing by one party to the other-Balance due from overall trading relationship between the parties
LEGISLATION CITED: Civil Procedure Act 2005, s90(2) Uniform Civil Procedure Rules 2005, Pt14 r14.26
Christopher Douglas Michael (First Plaintiff/First Cross-Defendant) PARTIES: Kathleen Michael (Second Plaintiff/Second Cross-Defendant) Sinan Ogun (Defendant/Cross-Claimant)
FILE NUMBER(S): No 940 of 2006
COUNSEL: Mr H Altan - Plaintiffs/Cross-Defendants Mr T Rickard - Defendant/Cross-Claimant
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