Saba v Moit Projects [2014] NSWSC 1759

Supreme Court New South Wales

Medium Neutral Citation: Saba v Moit Projects [2014] NSWSC 1759 Hearing dates: 02/12/2104 and 03/12/2014 Decision date: 03 December 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff to have judgment against second defendants for $260,000 and interest. Second defendants to pay plaintiff's costs on ordinary basis. Catchwords: BANKING AND FINANCE - instruments - cheques - whether cheque was filled up with authority -where inchoate instrument handed over to real estate agent - where real estate agent filled up cheque - where cheque then delivered for payment of deposit on purchase of real property- BANKING AND FINANCE - instruments - cheques - whether cheque was delivered conditionally - where conditions communicated to real estate agent not payee - whether payee was informed of conditions - whether conditions required to be satisfied if payee not aware of conditions - whether communicated conditions were satisfied before cheque was presented PROCEDURE - costs - departing from the general rule - whether to make order for costs on indemnity basis - where offer of compromise made close to hearing date - where offer only compromised claim as to interest amount - whether reasonable not to accept offer - whether court should otherwise order Legislation Cited: Cheques Act 1986 (Cth) Conveyancing Act 1919 (NSW) Cases Cited: Boulas v Angelopoulos (1991) 5 BPR 11477 Spalla v St George Wholesale Finance Pty Ltd (1999) 95 FCR 359 Calderbank v Calderbank [1975] 3 All ER 333 Category: Principal judgment Parties: Kerry Ann Saba (Plaintiff) Moit Projects (St Leonards) Pty Limited (First Defendant) Jialiang Chen and Li Jiang trading as Metroestate Group (Second Defendant/Cross-Claimant) Colliers International (NSW) Pty Limited (First Cross-Defendant) Jonathan Canvan (Second Cross-Defendant) Representation: Counsel: J Anderson (Plaintiff) M J Lewis (Second Defendant/Cross-Claimant) Solicitors: F C Bryant Thomas & Co (Plaintiff) Whitfields Solicitors (Second Defendant/Cross-Claimant) File Number(s): 2013/175721