NSW Caselaw
New South Wales Supreme Court
CITATION : Iacullo v Behrens [2006] NSWSC 121 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 14, 15, 16, 17, 20 June 2005, 10 February 2006
JUDGMENT DATE : 10 February 2006
JURISDICTION : Civil
JUDGMENT OF : Smart AJ at 1
DECISION : See paras 408 and 409.
CATCHWORDS : Moneys not advanced as intended under loan agreement and mortgage - not a loan for past debts - consideration fails. Alternative claim for alleged cash advances dismissed. Lease of coffee shop set aside and no sums due to Iacullos for rent or damages. Partial indemnities as to finance leases granted - cross-claim for conversion dismissed.
Fair Trading Act LEGISLATION CITED : Contracts Review Act 1980 Real Property Act Retail Leases Act 1994
Burns Philp Hardware Ltd v Howard Chia Pty Ltd (1987) 8 NSWLR 621 Burnes v Trade Credits Limited 1981 1 NSWLR 93 CASES CITED : Codelfa Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Hoyts Pty Ltd v Spencer (1919) 27 CLR 133 Toll (FGCT) Pty Ltd v Alphaharm Pty Ltd (2004) 219 CLR 165
PARTIES : Dominic Iacullo & Anor v Uwe Behrens & Anor
FILE NUMBER(S) : SC 5466/2004
COUNSEL : (P) Mr M Ashurst (D) Mr F Gleeson
SOLICITORS : (P) Michell Sillar (D) Aitken McLachlan Thorpe
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SMART AJ
Friday, 10 February 2006
5466/2004:
DOMINIC and LILLIAN IACULLO v UWE and PAULA BEHRENS JUDGMENT
Introduction – The following abbreviations are used:
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