NSW Caselaw
New South Wales Supreme Court
CITATION : Ostrovsky v Burton [2009] NSWSC 1031
HEARING DATE(S) : 7 July 2009
JUDGMENT DATE : 7 July 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 7 July 2009
ORDERS: DECISION : (1) The plaintiff is entitled to half the value of the subject property together with interest thereon from 28 July 1999 to to 7 July 2009. (2) The defendant to pay the plaintiff's costs of these proceedings on an indemnity basis from 27 August 2007 up to 7 July 2009.
CATCHWORDS : PARTNERSHIP - dissolution and winding up - effect of dissolution - wrongful application of sale proceeds by defendant - unreasonable defence of proceedings - plaintiff awarded indemnity costs - interest awarded at Supreme Court rate
LEGISLATION CITED : Conveyancing Act 1919 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) ALR 397 Ostrovsky v Burton [2007] NSWSC 1183 CASES CITED : Rouse v Shepherd (No 2) (1994) 35 NSWLR 277 Tyco Australia Pty Ltd v Optus Networks Pty Ltd [2004] NSWCA 333 Wentworth v Rogers BC 9907174
Plaintiff: Alex Ostrovsky PARTIES : First Defendant: Lindsay Keith Burton Second Defendant: Construction Industry Advisory Services Pty Ltd
FILE NUMBER(S) : SC 4359/98
COUNSEL : Plaintiff: Ms N Obrart Defendants: No appearance
SOLICITORS : Plaintiff: Kent Attorneys Defendants: No appearance
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