Bauskis & Anor v Liew [2012] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: Bauskis & Anor v Liew [2012] NSWSC 838 Hearing dates: 9 and 10 July 2012 Decision date: 26 July 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. On or before 10.08.12 the parties file and serve written submissions on the topics identified in [75] of the judgement, i.e.: (i) the calculation of the appropriate adjustment to be made in respect of GST; (ii) whether any further findings are necessary to determine that; (iii) whether Mr Liew should be required to provide some form of undertaking in relation to the payment of GST and, if so, the form of that undertaking; (iv) the final form of orders to be made by Beech-Jones J; (v) to the extent it may be relevant to those orders, the matters raised in [31] and [32] of the judgment; and (vi) costs. 2. The proceedings are adjourned to a date to be fixed before Beech-Jones J. Catchwords: CONTRACT LAW - Joint venture - validity of deed - whether party to deed entitled to recover sum for services rendered - recovery of expenses - proof of expenditure - GST liability. Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth) - Div 75 of Chapter 4 Cases Cited: Sterling Guardian Pty Ltd v Commissioner of Taxation [2006] FCAFC 12; (2006) 149 FCR 255 Category: Principal judgment Parties: John Peter Bauskis (First Plaintiff) Gusfact Trading Pty Ltd (Second Plaintiff) Nicholas Kon Ming Liew (Defendant) Representation: Counsel: Self-represented (Plaintiffs) J.W. Dodd (Defendant) Solicitors: Self-represented (Plaintiffs) Marcus Alyssandra (Defendant) File Number(s): 2011/382415