PAPADOPOULOS v HRISTOFORIDIS [1999] NSWSC 1017

New South Wales Supreme Court CITATION : PAPADOPOULOS v HRISTOFORIDIS [1999] NSWSC 1017 CURRENT JURISDICTION : Civil FILE NUMBER(S) : 20951/95 HEARING DATE(S) : 23/8/99; 25/8/99; 26/8/99/30/8/99 JUDGMENT DATE : 8 October 1999

PARTIES : Sofia Papadopoulos and Dimitrios Tsesmetzis John Hristoforidis JUDGMENT OF : Wood CJatCL

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : C.J. Hockey (P) J.W. Stevenson (D) SOLICITORS : Mavrakis & Assoc Kemp & Strang CATCHWORDS : DECISION : Verdict for Defendant.; Order Plaintiff to pay Defendant's costs

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

No. 20951/95 WOOD CJ at CL

FRIDAY 8TH OCTOBER ortio1999

PAPADOPOULOS & ANOR v HRISTOFORIDES

JUDGMENT 1 WOOD CJ at CL: In 1989 the plaintiffs, Sofia Papapopoulos and her brother Demetrios Tsesmetzis, purchased a parcel of land known as 72 to 74 Corrimal Street Wollongong, with an eye to its development for home units. They entered into a joint venture with the defendant, John Hristoforidis, also known as "John Christo", who was a licensed builder by trade. By July 1991, the home units were completed. By this time, however, there was serious disharmony within the venture. In October 1991, the defendant commenced proceedings to wind up the joint venture company, leading to the appointment of a Receiver and Manager, and later of a liquidator. 2 Now that the units have all been sold off, the plaintiffs have brought these proceedings whereby they seek recovery of damages for negligent misstatement, and for breach of fiduciary duty on the part of the defendant. Needless to say, the proceedings have been hotly contested.