NSW Caselaw
New South Wales Supreme Court
CITATION : Amanda Duncan-Strelec & Ors v Thomas Richard Tate & Ors [2010] NSWSC 872
HEARING DATE(S) : 28.06.10, 29.06.10, 30.06.10, 01.07.10
JUDGMENT DATE : 6 August 2010
JUDGMENT OF : Nicholas J
DECISION : (1) The further amended statement of claim be dismissed. (2) The plaintiffs pay the defendants' costs.
CATCHWORDS : CONTRACTS – joint venture agreement to develop land – whether agreement abandoned – whether agreement subsequently revived or whether a new joint venture agreement established – whether any subsequent arrangement mutually abandoned – no question of principle – turns on facts RESTITUTION – whether claim for remuneration quantum meruit for services provided in preparation and lodgment of development application established – no question of principle – turns on facts
CATEGORY : Principal judgment
Amanda Duncan-Strelec – first plaintiff David Strelec - second plaintiff PARTIES : Dunlec Pty Ltd - third plaintiff Thomas Richard Tate – first defendant Elizabeth Ruth Tate - second defendant Wamego Pty Ltd - third defendant
FILE NUMBER(S) : SC 06/260312
In person – first plaintiff In person – second plaintiff COUNSEL : David Strelec - third plaintiff R E Dubler SC/A P Lo Surdo - first, second defendants Wamego Pty Ltd - no appearance
In person – first plaintiff In person – second plaintiff SOLICITORS : David Strelec – third plaintiff Jackson Lalic Lawyers - first, second defendants Wamego Pty Ltd - no appearance
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