Srecko Juric-Kacunic v Stan Vaupotic [2013] NSWSC 41

Supreme Court New South Wales

Medium Neutral Citation: Srecko Juric-Kacunic v Stan Vaupotic [2013] NSWSC 41 Hearing dates: 29, 30 January 2013 Decision date: 30 January 2013 Jurisdiction: Equity Division Before: Sackar J Decision: The defendant is indebted to the plaintiffs in the amount claimed by the plaintiffs, together with interest. The defendant should pay the plaintiffs' costs of the proceedings as agreed or assessed. Catchwords: DEEDS - limitation period for causes of action under a deed.

DEEDS - whether the date is essential to the validity of a deed.

DEEDS - whether the deed entered into attracts stamp duty - admissibility of unstamped document in court proceedings.

DEEDS - whether the defendant should be granted relief of his obligations under the Contracts Review Act 1980, the equitable doctrine of unconscionability or non est factum. Legislation Cited: Contracts Review Act 1980 Duties Act 1997 Limitation Act 1969 Cases Cited: Blomley v Ryan (1956) 99 CLR 362 Goddard's Case (1584) 2 Co Rep 4 Petelin v Cullen (1975) 132 CLR 355 Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010] EWHC 2867 Stern v McArthur (1988) 165 CLR 489 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 West v AGC (1986) 5 NSWLR 610 Texts Cited: R J A Morrison and H J Goolden, Norton on Deeds, 2nd ed (1981) Sweet and Maxwell Limited Chitty on Contracts, 31st ed (2012) Sweet and Maxwell Limited Category: Principal judgment Parties: Srecko Juric-Kacunic and Anka Juric Kacunic- Plaintiffs Stan Vaupotic - Defendant Representation: Counsel: A G Todd and T J Flaherty - Plaintiffs Self represented - Defendant Solicitors: Jordan Djunja Lawyers - Plaintiffs Self represented - Defendant File Number(s): 2010/289342