Jerry Schwartz v Albert Hadid Albert Hadid v Jerry Schwartz [2011] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: Jerry Schwartz v Albert Hadid Albert Hadid v Jerry Schwartz [2011] NSWSC 1041 Hearing dates: 05/09/2011 and 06/09/2011 Decision date: 06 September 2011 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Hadid v Schwartz: judgment for plaintiff, with costs to date, for damages to be assessed. Schwartz v Hadid: judgment for plaintiff against first defendant for $260,000.00 and interest, with costs. Judgment for second defendant with costs. Catchwords: CONTRACT - deed of agreement to undertake joint venture - whether terms of deed evidence intention to have legal effect - whether terms of deed sufficiently certain for deed to have legal effect - agreement for loan - terms of agreement - whether agreement to defer payment came into existence - whether individual liable for debt advanced to company where individual admits to personal liability for debt - factual inquiry, no issue of principle. Cases Cited: WN Hillas & Co Ltd v Arcos Ltd) (1932) 147 L.T. 503 Category: Principal judgment Parties: Jerry Schwartz (Plaintiff) Albert Hadid (First Defendant) Vicbuy Pty Ltd (ACN 108 581 415) (Second Defendant) Albert Hadid (Plaintiff) (2011/226988) Jerry Schwartz (Defendant) (2011/226988) Representation: Counsel: J Sleight (Plaintiff) M T McCulloch SC / R Notley (Defendants) M T McCulloch SC / R Notley (Plaintiff) (2011/226988) J Sleight (Defendant) (2011/226988) Solicitors: Neville & Hourn Legal (Plaintiff) Mahony Taren Lawyers (Defendants) Mahony Taren Lawyers (Plaintiff) (2011/226988) Neville & Hourn Legal (Defendants) (2011/226988) File Number(s): 2010/99772 and 2011/226988