27 Norton Street Pty Ltd v Famularo [2012] NSWSC 278

Supreme Court New South Wales

Medium Neutral Citation: 27 Norton Street Pty Ltd v Famularo [2012] NSWSC 278 Hearing dates: 5, 6 & 7 September 2011; 5 & 6 March 2012 Decision date: 27 March 2012 Jurisdiction: Equity Division Before: Gzell J Decision: Judgment for cross-claimant for contributions paid including deposit plus unpaid invoices for work done together with interest. Catchwords: JOINT VENTURE - Generally - whether payments to cross-defendant by cross-claimant contributions to a joint venture to develop residential dual occupancy on land or contributions to purchase price of one of the houses - whether late argument that deposit not recoverable should be allowed - whether election to terminate communicated to cross-claimant - whether prior notice requiring performance within a reasonable time required Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Fiorelli Properties Pty Ltd v Professional Fencemakers Pty Ltd [2011] VSC 661 Howe v Smith (1884) 27 Ch D 89 Havyn Pty Ltd v Webster (2005) 12 BPR 98146 Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313; (2000) 10 BPR 97843 Rian Financial Services Pty Ltd v Alfred Investment Projects Pty Ltd (1988) 90 FLR 215 Category: Principal judgment Parties: John Famularo (Cross-Claimant in 1st Cross-Claim & Cross-Defendant in 2nd Cross-Claim)

27 Norton Street Pty Ltd (First Cross-Defendant in the 1st Cross-Claim)

Garth Paterson (Second Cross-Defendant in the 1st Cross-Claim & Cross-Claimant in 2nd Cross-Claim) Representation: Counsel: R Gration (Cross-Claimant in 1st Cross-Claim & Cross-Defendant in 2nd Cross-Claim)