Stankovic v Stankovic [2007] NSWSC 814

New South Wales Supreme Court

CITATION : Stankovic v Stankovic [2007] NSWSC 814

HEARING DATE(S) : 4 July 2007 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 July 2007

DECISION : Hearing date vacated

CATCHWORDS : PROCEDURE – adjournment – taking of accounts – unrepresented litigation – where one party granted considerable indulgences – fairness dictates that other be granted indulgences

Milovan Stankovic (plaintiff) David Stankovic (first defendant) PARTIES : Milka Stankovic (second defendant) Sasha Stankovic (third defendant) Arthur Samyia (fourth defendant) Jennifer Samyia (fifth defendant)

FILE NUMBER(S) : SC 5100/05

COUNSEL : Milovan Stankovic (plaintiff) (in person) David Stankovic (first defendant) (in person)

SOLICITORS : Sheathers Lawyers (D 2-5)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Wednesday 4 July 2007

5100/05 Milovan Stankovic v David Stankovic & 4 Ors JUDGMENT (ex tempore) 1 HIS HONOUR: In these proceedings the plaintiff Milovan Stankovic seeks an accounting in respect of moneys obtained by the first defendant for the purpose of the development of land at 2 Teatree Way, Kellyville. A substantial part of the proceedings were disposed of by orders made on 17 October 2005, which included order 5, as follows: An account be taken by an Associate Judge between the plaintiff and the first defendant in respect of - (a) the disposition of all moneys obtained for the purpose of the development of a dwelling upon [2 Teatree Way, Kellyville]; and (b) the disposition of the proceeds of sale of the said property.