NSW Caselaw
New South Wales Supreme Court
CITATION : Anthony Magafas & Anor v Peter Carantinos & Ors [2007] NSWSC 965
HEARING DATE(S) : 24/8/07
JUDGMENT DATE : 30 August 2007
JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
DECISION : Orders and Declarations to be made.
CATCHWORDS : Supplementary reasons for orders
LEGISLATION CITED : Uniform Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Anthony Magafas (First Plaintiff) Pac-Com Pty Limited (Second Plaintiff) PARTIES : Peter Carantinos (First Defendant) Fotini Carantinos (Second Defendant) Artesian Pty Limited (Third Defendant)
FILE NUMBER(S) : SC 2670/06
COUNSEL : Mr T Alexis SC, Mr S Golledge (Plaintiffs) Mr J Kelly SC, Mr A Bowen (Defendants)
SOLICITORS : Rockliffs (Plaintiffs) Munro Lawyers (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Einstein J
30 August 2007
2670/06 Anthony Magafas & Anor v Peter Carantinos & Others JUDGMENT Decision in relation to orders to be made following the judgment delivered on 21 August 2007 1 Close submissions have been addressed to the Court by the parties in relation to the appropriate form of the declarations and orders to be made. 2 The orders to be made are set out below. The reasons for rejecting the first and second defendants' submissions as to the appropriate form of orders to be made are now given. Declaration 4 3 I reject the proposition that came forward from the first and second defendants submitting that declaration 4 in the general formal orders proposed in the judgement be varied and for consequential changes to declarations 5, 6 and 7 to be made. 4 Declaration 4 accurately reflects the findings of the Court in the principle judgment at [80] and [90] – that 43 Riverside Crescent "was purchased on trust for the partnership or joint venture between Mr Magafas and Mr Carantinos." This finding has nothing to do with Mrs Carantinos and the account that the first plaintiff unsuccessfully sought against her.
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