E J Cooper & Son Pty Limited v Galdes [2015] NSWSC 1335

Supreme Court New South Wales

Medium Neutral Citation: E J Cooper & Son Pty Limited v Galdes [2015] NSWSC 1335 Hearing dates: 10 September 2015 Date of orders: 10 September 2015 Decision date: 10 September 2015 Jurisdiction: Equity Before: Young AJA Decision: Plaintiff to pay deposit into court Catchwords: VENDOR & PURCHASER – four vendors described as owner – deposit to be paid to 'Owner' defined as the four vendors – deposit to be released to owner – whether a joint debt – whether each vendor can receive one quarter of deposit – as the four vendors cannot agree – deposit to be paid into court – whether principle in Bragg v Alam [1981] 1 NSWLR 688 means that payment of deposit is excused Cases Cited: Bragg v Alam [1981] 1 NSWLR 688 Texts Cited: Glanville Williams, Joint Obligations (London: Butterworth, 1949) Category: Principal judgment Parties: E J Cooper & Son Pty Limited - plaintiff George Galdes – first defendant Carmen Galdes – second defendant Ivan Zalac – third defendant Margaret Zalac – fourth defendant Representation: Counsel: K Andronos SC – for the plaintiff R Wilson SC – for the first and second defendants Ivan Zalac – third defendant in person R Bell – for the fourth defendant

Solicitors: Henry Davis York – for the plaintiff Tilley Family Law & Mediation – for the first and second defendants Ivan Zalac – third defendant in person Argyle Lawyers – for the fourth defendant File Number(s): 2015/191954