Zovic Holdings Pty Limited v Sader Investments Pty Limited [2015] NSWSC 303

Supreme Court New South Wales

Medium Neutral Citation: Zovic Holdings Pty Limited v Sader Investments Pty Limited [2015] NSWSC 303 Hearing dates: 10 September 2014 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: R S Hulme AJ Decision: 1. I publish these reasons. 2. Stand the proceedings over to 9.30am on 8 April 2015 before R S Hulme AJ. 3. Direct the Plaintiff to bring in short minutes giving effect to these reasons. Catchwords: APPEAL FROM LOCAL COURT - decision by magistrate to disallow cross-claim - parties in agreement that decision erroneous - underpayment of rent for long period - whether GST was payable - whether plaintiff waived right to, or elected not to, receive higher amount of monthly rent

COSTS - costs below - costs of the appeal Legislation Cited: Local Court Act 2007 (NSW), s 39, 40, 41 A New Tax System (Goods and Services Tax) Act 1999 (Cth), s 29.70 Suitors' Fund Act 1951 (NSW), s 6(7) Taxation Administration Act 1953 (Cth), s 288-45 Cases Cited: Canberra Advance Bank Limited and Anor v Benny (1992) 38 FCR 427; (1992) 115 ALR 207 Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 R v Paulson [1921] 1 AC 271 Sargent v ASL Developments Ltd (1974) 131 CLR 634 Vale v Sutherland [2009] HCA 26; (2009) 237 CLR 638 Wilkinson v Osborne (1915) 21 CLR 89 Category: Principal judgment Parties: Zovic Holdings Pty Ltd ACN 068 968 418 (Plaintiff) Sader Investments Pty Ltd ACN 107 594 678 (First Defendant) Mark Sader (Second Defendant) Sandra Sader (Third Defendant) Representation: Counsel: A Power (Plaintiff) R Wilson SC (Defendants)