Charitou v The Owners of Strata Plan 10394 [2015] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: Charitou v The Owners of Strata Plan 10394 [2015] NSWSC 1059 Hearing dates: 31 July 2015 Date of orders: 31 July 2015 Decision date: 31 July 2015 Before: Slattery J Decision: Motion dismissed. Proceedings adjourned to Registrar's list to allow further settlement discussions to take place. Catchwords: CONTRACT – deeds – application to set aside deed of settlement as void – insufficient evidence to ground avoidance on doctrines of common mistake, mutual mistake or unilateral mistake Cases Cited: Australia Estates Pty Ltd v Cairns City Council [2005] QCA 328 Great Peace Shipping Ltd v Tsavliris (International) Salvage Ltd [2003] QB 679 Taylor v Johnson (1983) 151 CLR 422 Category: Procedural and other rulings Parties: Plaintiff: Greg Charitou Defendant: The Owners Strata Plan 10394 Representation: Counsel: Defendant/Respondent: D.D. Knoll AM

Solicitors: Plaintiff/Applicant: J. Xenos, PJG Solicitors Defendant/Respondent: David Le Page, Le Page Lawyers File Number(s): 2010/338885 Publication restriction: No

EX TEMPORE Judgment 1. In a motion dated 2 June 2015 the plaintiff, Mr Charitou, today seeks declarations that a deed executed on 20 March 2012 ("Deed") between himself, as plaintiff, and the Body Corporate of Strata Plan 10394 ("Body Corporate"), the defendant, is of no force and effect. He also seeks the orders that the defendant execute a deed in the form annexed to the motion and marked A. 2. Through his solicitor Mr Xenos, Mr Charitou has indicated that he does not wish now to press the other relief originally sought on the motion.