Bauskis & Anor v Liew (No 2) [2012] NSWSC 1148

Supreme Court New South Wales

Medium Neutral Citation: Bauskis & Anor v Liew (No 2) [2012] NSWSC 1148 Hearing dates: 20 September 2012 Decision date: 20 September 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Upon the undertaking of the defendant by his counsel to: (a) account to the Deputy Commissioner for Taxation for GST in respect of the sale of xx xxxxxxxxx xxxxxx, Canley Vale, and xxx xxxxxxxxx xxxxxx, Canley Vale, in the amount of $62,745.45; and (b) provide to the plaintiff copies of all Business Activity Statements concerning such payments; order that the amount of $62,745.45 of the monies paid into court be paid out to the defendant, Nicholas Kon Ming Liew, together with 30.73 per cent of the interest earned on those monies. (2) Order that the amount of $46,737.17 of the monies paid into court be paid out to the defendant, Nicholas Kon Ming Liew, together with 22.895 per cent of the interest earned on those monies. (3) Order that the amount of $94,681.27 of the monies paid into court be paid out to the first named plaintiff, John Peter Bauskis, together with 46.375 per cent for the interest earned on those monies. (4) Order that the plaintiffs pay the defendant's costs of the proceedings. (5) Order that the amended statement of claim be dismissed. (6) Order that the amended cross claim be otherwise dismissed. Catchwords: Joint venture - disqualification - final form of orders - no question of principle. Cases Cited: Bauskis v Liew SCNSW unrep 09.07.12 Bauskis v Liew [2012] NSWSC 838 Category: Consequential orders Parties: John Peter Bauskis (First Plaintiff) Gusfact Trading Pty Ltd (Second Plaintiff) Nicholas Kon Ming Liew (Defendant) Representation: Counsel: No appearance (Plaintiffs) J.W. Dodd (Defendant) Solicitors: No appearance (Plaintiffs) Marcus Alyssandra (Defendant) File Number(s): 2011/382415