NSW Caselaw
New South Wales Supreme Court
CITATION : POMFRET & ORS v. CUMBERLAND & ANOR [2000] NSWSC 229 revised - 19/04/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1108/00 HEARING DATE(S) : 10-12/3/00 JUDGMENT DATE : 27 March 2000
Philip Edward Pomfret - First Plaintiff Richard Highland - Second Plaintiff Julio Cesar Labraga - Third Plaintiff Two Lands Group Pty Ltd - Fourth Plaintiff PARTIES : Two Land Advertising Pty Ltd - Fifth Plaintiff Two Lands Services Pty Limited - Sixth Plaintiff Two Lands Property Pty Ltd - Seventh Plaintiff Two Lands Development Pty Ltd - Eighth Plaintiff Ronald James Cumberland - Defendant JUDGMENT OF : Bryson J at 1
COUNSEL : Cotman SC and Priestley for Plaintiffs Robson for Defendant SOLICITORS : McCabes Lawyers for Plaintiffs Frank G. Kalyk for Defendant CATCHWORDS : CONTRACT - Indemnity - decision on facts of alleged oral arrangements among individuals who were principals in group of companies and raised capital by (unequal) loans from principals and by security over assets of individuals for company borrowings. LEGISLATION CITED : Corporations Law s233 (formerly s246AA) Israel v. Foreshore Properties Pty Ltd (in liquidation) (1980) 54 ALJR 421 CASES CITED : MacIntosh v. Dalwood (No. 4) (1930) 30 SR (NSW) 415 Re Dixon [1994] 1 Qd R 7 DECISION : See para.60
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
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