NSW Caselaw
New South Wales Supreme Court
CITATION : Ebbeck v Neridovsky [2005] NSWSC 780
HEARING DATE(S) : 18, 19 and 21 Apil 2005
JUDGMENT DATE : 2 August 2005
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : (1). I order that there be judgment for the Defendants against the Plaintiffs in the sum of $250,000. (2). I order that there be judgment for the Plaintiffs against the Defendants in the sum of $250,000. (3). I stand the matter over to a date to be fixed by arrangement with my Associate for argument as to costs.
CATCHWORDS : Contract. Specific performance of deed. Parties entitled to judgment against each other for $250,000. Stay of execution upon judgment until party breaches terms of deed. Whether parties or either of them is in breach of deed. Commercial or marketing strategy or other transaction. Business name. Requirement for registration.
LEGISLATION CITED : Business Names Act 2002 (Commonwealth)
Amev-UDC Finance Limited v Austin (1986) 162 CLR 170 CASES CITED : Dunlop Tyre Company Limited v New Garage and Motor Company Limited [1915] AC 79
GREGORY ALLEN EBBECK and KERRIE JEAN EBBECK (Plaintiffs) PARTIES : JOHN IVAN NERIDOVSKY and ALLA NERIDOVSKY (Defendants)
FILE NUMBER(S) : SC 4276/01
Mr. C. Leggat (Plaintiffs) COUNSEL : Mr. A. Gruzman (Defendants)
Elrington Boardman Allport (Plaintiffs) SOLICITORS : Mark Evans (Defendants)
LOWER COURT JURISDICTION :
- 23 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
Tuesday, 2 August 2005
4276/01 - GREGORY ALLEN EBBECK and ANOR – v – JOHN IVAN NERIDOVSKY and ANOR
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