Sergei Ivanovski v Keith Stevens McConnell [2009] NSWSC 1129

New South Wales Supreme Court

CITATION : Sergei Ivanovski v Keith Stevens McConnell [2009] NSWSC 1129

HEARING DATE(S) : 16 October 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 16 October 2009

DECISION : The estate of the late Walter Perdacher is indebted to the plaintiffs in the amount of $3,573,608.32. The transfer by the late Walter Perdacher on 5 January 2006 of his interest in the property located at 14 Tranquil Street, Sunnybank Hills, Queensland 4109 to the second defendant is avoided. The second defendant to reconvey a one half share in the Property to the executor or representative of the estate as tenant in common. The estate of the late Walter Perdacher to pay the plaintiffs' costs of the proceedings against it.

CATCHWORDS : PRACTICE AND PROCEDURE – Costs and orders – plaintiffs succeed against one party and entitled to costs – Plaintiffs partially succeed and failed against another party – in the circumstances no order for costs between plaintiffs and that other party

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CASES CITED : Ivanovski v McConnell as representative of the Estate of Walter Perdacher (deceased) [2009] NSWSC 1036 Sergei Ivanovski v Walter Perdacher [2009] NSWSC 913

Sergei Ivanovski - First Plaintiff PARTIES : Galina ivanovsky - Second Plaintiff Keith Stevens McConnell as representative of the estate of Walter Perdacher (deceased) - First Defendant Marie Perdacher - Second Defendant

FILE NUMBER(S) : SC 50091/2006

J. Horowitz [Plaintiffs] COUNSEL : K.S. McConnell - Solicitor [First Defendant] M.D. Bolster - Solicitor [Second Defendant]