NSW Caselaw
New South Wales Supreme Court
CITATION : Anthony Magafas & Anor v Peter Carantinos & Ors [2007] NSWSC 917
HEARING DATE(S) : 1/06/07, 20/06/07, 16/07/07
JUDGMENT DATE : 21 August 2007
JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
DECISION : Plaintiffs succeed in their case against the first defendant but fail in the case against the second defendant. Short minutes of order to be brought in dealing with sundry declarations and orders including orders as to costs.
CATCHWORDS : Equity - First and second limbs of Barnes v Addy - Plaintiffs' failure to prove essential element of cause of action upon which they rely against second defendant - Equitable compensation - Costs - Bullock order
LEGISLATION CITED : Uniform Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Baden Delvaux and Lecuit v Societe General pour Favoriser le Developpement [1983] BCLC 325 Barnes v Addy (1874) LR 9 Ch App 244 El Ajou v Dollar Land Holdings plc [1994] 2 All ER 685 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 CASES CITED : Fennell v Supervision and Engineering Services Holdings Pty Ltd (1988) 47 SASR 6 Glazier Holdings Pty Ltd v Australian Men's Health Pty Ltd (No 2) [2001] NSWSC 6 Koorootang Nominees Pty Ltd v ANZ Banking Group Ltd [1998] 3 VR 16 Montagu's Settlement Trusts, Re [1987] Ch 264 Sargent v ASL Developments Ltd; Turnbull v ASL Developments Ltd (1974) 131 CLR 634 Schipp v Cameron, [Unreported, Supreme Court of New South Wales, Einstein J, 13 August 1998 [revised on 12 October 1998],
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