Stojkov v Predojevic as executor of the estate of the late Predojevic [2010] NSWDC 225

New South Wales District Court

CITATION: Stojkov v Predojevic as executor of the estate of the late Predojevic [2010] NSWDC 225

HEARING DATE(S): 16 August 2010 - 18 August 2010

JUDGMENT DATE: 7 October 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict for the defendant. DECISION: 2) The plaintiff is to pay the defendant's costs of the proceedings. This order is suspended for a period of seven days to allow either party to relist the matter for argument on the issue of the appropriate basis upon which costs are to be assessed. 3) The exhibits are returned.

CATCHWORDS: UNDOCUMENTED LOANS - Plaintiff claimed loans made from time to time - No loan agreement - Alleged borrower deceased - Requirement for careful scrutiny of plaintiff's evidence in such circumstances - Credit - Loans beyond the plaintiff's financial means - Improbability - Other rational explanations for payments made

CASES CITED: Young v Queensland Trustees Ltd (1956) 99 CLR 560

PARTIES: Mile Stojkov (Plaintiff) Mirjana Predojevic as executor of the estate of the late Milan Predojevic (Defendant)

FILE NUMBER(S): 2008/00314682

COUNSEL: Mr J Atkin (Plaintiff) Mr T Saunders (Defendant)

SOLICITORS: Michael Evers & Co Solicitors & Attorneys (Plaintiff) UTR Law (Defendant)

JUDGMENT

1 Mr Mile Stojkov claimed that he lent money to the late Mr Milan Predojevic between 2002 and 2005 in various payments totalling $247,500. He brought proceedings against Mrs Mirjana Predojevic, Mr Predojevic's widow and executor of his estate, to recover this sum with interest.

2 Mr Stojkov claimed that he lent the money from time to time at Mr Predojevic's request for the purposes of the business that Mr Predojevic conducted under the name Teralba Auto Wreckers on a property in Racecourse Road, Teralba. The business involved the purchase of old cars and the resale of car parts and scrap metals.