NSW Caselaw
New South Wales Supreme Court
CITATION : Kasparian v Burns [2007] NSWSC 895 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 20/6/07, 21/6/07
JUDGMENT DATE : 27 August 2007
JUDGMENT OF : Bell J at 1
DECISION : The amended cross-claim will be dismissed with costs and there will be a verdict and judgment for the plaintiffs against Ms Kitas for the sum of $868,250.00 together with interest calculated under the loan agreement as varied with costs. The parties were agreed on the calculations set out in Ex "B", which appear to have been made as at 19 June 2007. The parties may bring in short minutes in accordance with these reasons incorporating the agreed judgment sum at the date of judgment within 14 days of today's date. In default of agreement the matter may be re-listed for further submissions by arrangement with my Associate.
LEGISLATION CITED : Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth)
CASES CITED : Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395
Edvart Kasparian (1st Plaintiff) Maurice Dover (2nd Plaintiff) PARTIES : David Wayne (3rd Plaintiff) Anthony Burns (1st Defendant) Helen Kitas (2nd Defendant)
FILE NUMBER(S) : SC 10840/06
COUNSEL : M Young (Plaintiffs) J Ireland QC (2nd Defendant)
SOLICITORS : Bransgroves Solicitors (Plaintiffs) Mavarkis & Associates (2nd Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
BELL J
Monday 27 August 2007
10840/06 Edvart Kasparian v Anthony Burns
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