OZYIGIT & ORS v. KAYMAZ & ORS [2005] NSWSC 589

New South Wales Supreme Court

CITATION : OZYIGIT & ORS v. KAYMAZ & ORS [2005] NSWSC 589

HEARING DATE(S) : 14 to 17 June 2005

JUDGMENT DATE : 17 June 2005

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : See paragraphs 41-43

LEGISLATION CITED : N/A

CASES CITED : N/A

PARTIES : AYDIN OZYIGIT & ORS v. KURT ATTILA KAYMAZ & ORS

FILE NUMBER(S) : SC No. 3419 of 2005

Plaintiff: B. Burke COUNSEL : Defendant: R. Horsley

Plaintiff: Carters Law Firm SOLICITORS : Defendant: Meyer Solomon & Associates

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HALL, J.

FRIDAY 17 JUNE 2005

No. 3419 of 2005

AYDIN OZYIGIT & ORS v. KURT ATTILA KAYMAZ & ORS JUDGMENT 1 HIS HONOUR: The plaintiff, by summons filed on 9 June 2005, seeks declaratory and other relief arising from certain property dealings with the defendants. 2 In paragraph 1 of the summons, a declaration is sought with respect to a property known as 25 Beatrice Street, Auburn, namely, that the property constituted an asset of the partnership between the first plaintiff, Aydin Ozyigit and the defendants (referred to as "the Partnership"). Alternatively, the plaintiffs claim a declaration that the property constituted an asset of the partnership between the plaintiffs and the defendants (described as "the alternative Partnership"). 3 Similar alternative relief is sought with respect to another property known as 21 Beatrice Street, Auburn. 4 The plaintiffs claim interlocutory relief that the defendants take all necessary steps to ensure that:-

(a) the sale of the property 21 Beatrice Street, Auburn from the second plaintiff (CPM Holdings Pty. Limited) and the first defendant (Kurt Kaymaz) to Chammas Group Pty. Limited be completed in accordance with terms of sale in a contract of sale dated 8 February 2005 and a notice to complete dated 27 May 2005; and