Brian Gordon Parker & Anor v Orazio Alessi & Ors [2011] NSWSC 947

Supreme Court New South Wales

Medium Neutral Citation: Brian Gordon Parker & Anor v Orazio Alessi & Ors [2011] NSWSC 947 Hearing dates: 18, 19, 20 July 2011 Decision date: 25 August 2011 Before: Bergin CJ in Eq Decision: Plaintiffs' claim for contribution dismissed. Catchwords: [CONTRACT] - whether the parties reached a binding agreement in relation to the proportionate shares of a reward payment at the conclusion of a joint venture project - where project loan funds used to pay out personal liabilities of one of the joint venturers - where project terminated and guarantees for loans for the project called upon.

[EQUITY] - [CONTRIBUTION] - whether the plaintiffs entitled to contribution from other guarantors - whether equity requires amount advanced to the benefit of one of the joint venturers to be taken into account. Cases Cited: Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Bond v Larobi Pty Ltd (1992) 6 WAR 489 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Hampton v Minns [2002] 1 WLR 1 Lang v Le Boursicot (1993) 5 BPR 97,406 Leigh-Mardon Pty Limited v Wawn (1995) 17 ACSR 741 Mahoney v McManus (1981) 36 ALR 545 Masters v Cameron (1954) 91 CLR 353 McCann v Switzerland Insurance Australia Limited (2000) 203 CLR 579 McLean v Discount and Finance Ltd (1939) 64 CLR 312 Official Trustee in Bankruptcy v Citibank Savings Ltd (1995) 38 NSWLR 116 Sinclair, Scott & Company Limited v Naughton (1929) 43 CLR 310 Steel v Dixon (1881) 17 Ch 825 Trotter v Franklin [1991] 2 NZLR 92 Category: Principal judgment Parties: Brian Gordon Parker (1st Plaintiff/Cross-Defendant) Jodie Ann Parker (2nd Plaintiff) Orazio Alessi (1st Defendant) Stephen Robert Fayle (2nd Defendant) Estate of the late Laurence Chiarella (3rd Defendant) Michael Donald Stephen Watts (4th Defendant) Andrew Glen Wells (5th Defendant) Todpeak Pty Limited (6th Defendant) Todpark Pty Limited (7th Defendant) Barbara Alessi (8th Defendant) Robyn Anne Fayle (9th Defendant/Cross-Claimant) Elizabeth Mary Chiarella (10th Defendant) Maria Gai Watts (11th Defendant) Representation: Mr A Fernon (Plaintiffs) Mr P Braham SC/Ms C Spruce (2nd and 9th Defendants) Mr MK Meek SC (3rd and 10th Defendants) Champion Legal (Plaintiffs) Mr O Alessi (1st Defendant) (in person) Gray & Perkins Lawyers (2nd and 9th Defendants) Denese Vale & Associates (3rd and 10th Defendants) File Number(s): 2009/287035 Publication restriction: Nil