Ignacio and Leticia De Castro v New Ridge Property Group Pty Ltd [2016] NSWDC 246

District Court New South Wales

Medium Neutral Citation: Ignacio and Leticia De Castro v New Ridge Property Group Pty Ltd [2016] NSWDC 246 Hearing dates: 21,22,23,24,27,28,29, 30 June, 26 and 27 July, 2016 Decision date: 01 September 2016 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) The first cross claim (Gurmeet Singh cross claimant) be discontinued. (2) The first cross claimant (Gurmeet Singh) pay costs of each of the defendants to the first cross claim up to and including discontinuance on 27 July 2016. (3) Judgment for the plaintiffs against each of the 3rd to 7th defendants in the total sum of $230,000.00 plus interest in the sum of $128,330.68 calculated up to 21 June 2016 and thereafter at the rate of $75.62 per day. (4) The 3rd to 7th defendants to pay the plaintiffs' costs. (5) The 5th to 7th cross defendants to the second cross claim to indemnify the cross claimant (Sukhdev Singh Dhaliwal) or contribute to the plaintiffs for such sum as is equal to all liability of the cross claimant pursuant to Orders 3 and 4 hereof. (6) The 5th to 7th cross defendants to the second cross claim to pay the cross claimant's costs of the cross claim. Catchwords: Contract – Proof of terms – Construction of contract Legislation Cited: Bankruptcy Act 1966 Civil Procedure Act 2005 Corporations Act 2001 Evidence Act 1995 Cases Cited: Angas Securities Ltd v Small Business Consortium Lloyds Consortium No. 9056 [2016] NSWCA 182 Ballantine v Harold (1893) 19 VLR 465 Codelfa Construction Pty Limited v State Rail Authority of NSW (1982) 149 CLR 337 Commercial Union Assurance Company of Australia Limited v. Ferrcom Pty Limited (1991) 22 NSWLR 389 Effem v Lake Cumbeline (1999) 161 ALR 599 Harris v Burrell & Family Pty Ltd [2010] SASCFC 12 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Harvey v Edwards Dunlop & Co Limited (1927) 39 CLR 305 Helton v Allen (1940) 63 CLR 691 Ho v. Powell (2001) 52 NSWLR 572 Insurance Commissioner v Joyce [1948] 77 CLR 39 Mack v Lenton (1993) 32 NSWLR 259 Minnassian v. Minassian [2010] NSWSC 708 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; 89 ALJR 990 National Australia Bank Limited v Clowes [2013] NSWCA 179 at [33] to [38]. Toll (FGCT) Pty Limited v. Alphapharm Pty Limited (2004) 219 CLR 165 Toyota Finance Australia Limited v Gardner [2016] NSWCA 162 Category: Principal judgment Parties: Ignacio and Leticia De Castro (Plaintiffs) New Ridge Property Group Pty Ltd (1st Defendant) Kulwant Singh (2nd Defendant) Harjit Singh (3rd Defendant), Mandhir Singh Sandha (4th Defendant) Moninderjit Singh (5th Defendant) Sukhdev Singh Dhaliwal (6th Defendant) Gurmeet Singh Brar (7th Defendant)