NSW Caselaw
New South Wales District Court
CITATION: Ristevski v Markovski [2010] NSWDC 173
HEARING DATE(S): 10, 11 and 12 August 2010
JUDGMENT DATE: 13 August 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
1. Judgment for the plaintiffs in the sum of $166,984.36 inclusive of interest. 2. Defendant pay plaintiffs' costs, including the costs of the vacated hearing date of 3 May 2010. DECISION: 3. Application for the 3 May 2010 hearing date to be paid by the defendant's former solicitor refused. 4. Liberty to apply. 5. Exhibits retained for 28 days.
CATCHWORDS: CONTRACT - breach of contract - loan to member of extended family - whether made to that person or his company
LEGISLATION CITED: Corporations Act 2001 (Cth), ss 286 and 596
Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1; (1983) 44 ALR 607; (1983) 70 FLR 447; (1983) 83 ATC 4015; (1983) 13 ATR 825 Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 474 Commercial Union v Ferrcom (1991) 22 NSWLR 389 Jones v Dunkel (1959) 101 CLR 298; [1959] ALR 367; (1959) 32 ALJR 395; (1959) 76 WN (NSW) 278 CASES CITED: Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; (1990) 93 ALR 435; (1990) 64 ALJR 412; [1990] HCA 31 Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 510 R v Aldridge (1992) 20 NSWLR 737 R v Jovic [2008] QCA 278 R v Markovski [2009] QCA 299 Singleton v John Fairfax & Sons Ltd (Supreme Court of New South Wales, Hunt J, 30 July 1982)
TEXTS CITED: Wigmore, 3rd ed (1940) Volume 2
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